The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-06-24
DECISION WAS
HANDED DOWN
THIS MORNING
Government ais to Bring
About Object Sought to
be Attained
JUDGE HOOK BELIEVED IN
GRANTING THE Petition
His Was Only Dissenting Opinion and
He Expressed Belief That Govern.
ment's Application was Well Found
ed-Harriman Merger Case is one
of Long Standing.

st. Louis. June 24.-The merger Of
cific railroads is legal, according to
the opinion handed down today by
the United States court of the Eighth
district. Judge Hook filed dissent
ing opinion in which he expressed the
belief that the governments petition
was we'll founded and should have
been granted.
The majority decision was written
by Judge Elmer B. Adams and was
! mailed to the clerk of court here.
The only question, read the opinion,
was the Union Pacific company ex-
,, tending only from Omaha and Kan
sas City on the east, to Ogden on the
west, a competing line prior to 1901
fer trans-continental business with
the Southern Pacific company whose
line extended from New York on the
east over the sea to New Orleans.
and thence by rail to San Francisco
and Portland on the west.
While the Union Pacific was en-
tlrely dependent upon the Southern
Pacific for its connections westward,
the Southern Pacific was not at all
dependent upon the Union Pacific for
its connection eastward" read ma
jority opinion. Our conclusion"
continued the opinion, sis that all
the facts of this case considered in
their natural. reasonable and practi-
cal aspect, and given their appropri-
ate relative significance, do not make
the Union Pacific a substantial COM
petitor for trans-continental business
with the Southern Pacific in or prior
to the year 1901"
In regard to the holdings OF Nor
thern Pacific stock, the court SAYS:
Without dwelling on the reason for
the purchase of this stock, disclosed
in the proceeding statement of facts.
it is sufficient to say that if any con-
trolling interest was thereby acuuir-
ed 1t was lost some time before this
suit was instituted. and that none of
that stock is held by or for the Union
Pacific company"
THE court held also that the in
vestment of the Hartman line in the
Santa Fe was not for acquiring con-
troll and that if it was for obtaining
inside information concerning the on
GRAFTON of great competitor, they
chose lawful way for doing it.
MIR. Justice Van De Venter was
the circuit judge participating in
hearing the deliberation and conclu-
sion in this case, and he concurs in
this opinion. The bill must be dis
missed and decree will be entered
to that effect.
The governments suit in equity
against the Southern Pacific Railroad
company. and the Union Pacific Rail-
road company to enjoin the continued
control Of the former by the latter.
was filed in Salt Lake City, Utah. Feb
ruary e.. 1908.
The bill charged conspiracy and the
formation of combination in viola
tion of the Sherman antitrust act
passed by congress to protect trade
and commerce against unlawful MON
opolies.
The defendants named in the case
were the Union Pacific, Oregon Short
Line, Southern Pacific, Oregon Rail-
road and Navigation company, San
Pedro, Los Angles, Great Northern
railway. the Farmers Loan and Trust
company, Edward H. Hartman, Ja-
cob H. Schiff, Otto H. Kahn, James
stillman. Henry H. Rogers, Henry 6.
Frick. and William A. Clark.
The governments petition was sien.s
GU ny Attorney General BOnapart0 ana
his special assistants. 1t sets forth
IN detail the agreements by which
the defendants at times since 1901
were alleged to have secured for
themselves and others the manage
ment and control Of the various de-
roads, their branches ana
steamship lines and to have ever since
operated them In restraint Of CONF
S;
Since the suit was filed Mr.. Harri-
man and Mr.. Rogers have died. judge
X. s. Lovett, successor of Mr.. Harri-
man IN the railroad system, was BY
stipulation made defendant. Attor-
ney General Bonaparte and Assistant
Attorney General Purdy retired froms
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