The Birmingham age-herald., 1911-06-25
HARTMAN LINES
 WIN A BIG VICTORY ! OVER GOVERNMENT
CONTINUED FROM PAGE n

fCoNTINUED FROM PAGE n --~~-~~~~N--~-~-~~~~~~~~~- ~-~~~~~>~>~~--~~>c~~-~~> pairment of service, no discontinuance of efforts to satisfy the public and no com plaints of shippers of any inferior or inadequate service.
 "A substantial majority of the stock of the Southern Pacific company has been held by parties other than the Union Pacific company, but We fail to ind any complaint by such holders of any discrimination against their road or Of any failure to properly promote its wei fare.
 Road Improved
 ''Iundreds of millions of dollars have, since 1901, been expended on the roads. Their physical condition has been vast 1v improved and their efficiency for pub lc service as well as for private prohts been greatly enhanced. The whole proof taken together we think, fans TO dls- close conspiracy and restrain interstate or foreign commerce in violation or the first section of the act
 Judge Hook. in his dissenting opinion, said there was no substantial difference between the holding of the corporate stocks of two companies by third. such as was condemned in the Northern Secur- ities case. and the holding by one or those two in the stock of the other.
 nrhe form is somewhat different, but the effect, which is the chief concern Of the law is the same" Judge Hooks opinion said.
 of prior case competition disappears as A direct and natural result, trade and competition Is restrained. If 1t is unlaw- f,ll in one case, 1t must be so in the other"
 Judge Hook holds that the question as / to whether the Union Pacific and the Southern Pacific roads were competitors which the majority opinion held against the government, was a question of fact to be decided by the testimony of many ex- pert witnesses and these witnesses. Judge Hook holds, gave conclusive testi- mony that there was active, vigorous and substantial competition"
 New York June 24.-The stock market today made quick response to the courts decision in the Hartman merger suit. Naturally the Hartman issues were the most affected and they showed gains of almost points. Other stocks were up from to points. Trading was on a heavy scale 14
 Judge Robert S Lovett, president of the Hartman companies. Is in Europe. None of the officials of the companies would discuss the decision until they heard more about it.
 The governments suit in equity against the Southern Pacific Railroad company, and the Union Pacific Railroad company, to enjoin the continued control or the former by the latter, was filed in Salt Lake City, Utah, February 2 1908.
 Conspiracy Charged o..
 The bill charged conspiracy and the tor- nation of a combination in violation or the Sherman antitrust act, passed by Congress to protect trade and commerce against unlawful monopolies.
 The defendants named in the case were tho Trpion Pacific Oregon Short Line. Southern Pacific, Oregon Railroad and Navigation Company, San Redro, Los An Reles and Salt Lake company. Atchison, Topeka and Santa Fe, Northern faelhc, Great Northern railway the Farmers Loan and Trust company Edward II. Hartman, Jacob H. Schiff, Otto H. Kahn James stillman, Henry H. Rogers, Henry C. Prick and William A. Clark.
 The governments petition was signed hv Attorney General Bonaparte and his special assistants. It sets forth in de- tail the agreements by which the de-