Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-06-24
GOVERNMENT Loeke e4tNtpoRrANh
CASE IN WHICH RIAhRoApA
WERE lNvoLNER
UNION AND SOUTHERN pActFtce
NOT COMPETING LlhGI
Because Southern Pacific Hiss Steam<
boat System From, New Orlsans tA
Atlantic Ssaboard, Absorbed line IS
Hold Not q compstitor - ShsrmGn
Law Not Violated. -,

St Louis. June 24--The merger Of
railroads is legal. according to an opin-
ION handed down today In the United
States court OF the Eighth district.
Judge Hook filed dissenting opin-
ion In which he expressed tho belieS
that the governments petition was
we'll fou nded and should have been
granted The majority decision was
written by Judge Elmer b. Adams. and
was mailed to tho clerk OF the court
here
The only question" read the opinion.
was that the Union Pacific Company.
extending only from Omaha and Kan-
City the east to Ogden on ths
west. was competing line prior to-
1901, for transoontinental business with
the southern Pacific company. whose
line extended from New York on ths
east. over the sea, oo New Orleans.
and thence by rail To San Francisco
and Portland on the west
Not Competing Lines.
while the Union Pacific was entire-
!y dependent upon the Southern Pacific
for Its connections westward. tho
Southern Pacific was not at all de-
pendent upon the Union Pacific FOR It's
connections eastward" read the major
ity opinion.
Our couclusi0n"- cort inuetf the-opin-
ion. rs that all the facts of the case.
considered In their natural, reasonable
and practical aspect and given their
appropriate relative significance. do not
make the Union Pacific u substantial
competitor for trans-continental bust
ness with the Southern Pacific in or
prior 30 the year 1901"
Suit Begun in Salt Lake.
The government suit In equity against
the Southern Pacific and Union Pacific
railroad companies to enjoin the con-
+inuel control OF the former by the lat-
ter was filed In Salt Lake City. Utah,
Feb. 2, 1903 The bill charged con-
sr,iracy. and the formation of COM
bination In violation OF the Sherman
antitrust law. passed by congress to
protect trade and commerce against
unlawful monopoly. The defendants
named In the case We're the Union Pa
ctlc, Oregon Short Line. Southern Pa
cilc. Oregon Railroad and Navigation
Company, san Pedro. Los Angeles &c
Salt Lake Company. Atchison, Topeka
Il Santa Fc, Northern Pacific. Great
Northern railway, the Farmers Loan &e
Trust Com panv. Edward II. Harrimon.
Jacob II. Schirf. Otto II. Kuhn, James
SpiInan. Henry II. Rogers, Henry G..
Frick. and William a. Clark.
Hearings in Many Cities.
Since the suit was filed Mr.. Hartman
and Mr.. Rogers have died. Judge r.
$. Lovett. successor to Mr.. Hartman.
was by stipulation made n defendant
Attorney General B"naparte retired
from office while the suit was pending.
Iea rings were held in many cities.
Arguments were made In the case
before Judges Sanborn. Hook. Adams.
and Eandevanter, the latter now u
member OF the United States supreme
court, on Oct. Is. 1910. In st. Paul.
Santa Fe Deal legal.
The court held also that the invest
men; OF the hartman limo In the
Santa E'e was not for acquiring con-
troll and that II II was FOR obtaining
inside Information concerning the op-
Grafton Of great competitor they
chose lawful way for doing 1t.