The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-06-24
OPINION OF THE UNITED STATES
CIRCUIT COURT HANDED
DOWN TODAY. =.
DISSENTING OPINION FILED
Southern Pacific And Union Pacific
The Railroads interested.-opinion
Declares Investment Of Hartman
Lines Entirely Lawful.
(By Associated Press.)


st. Louis, June 24.-The merger of
the Southern Pacific and Union Pacific
railroads is legalized according to the
opinion handed down today by the
United States Circuit Court. Judge
Hook filed a dissenting opinion, ex-
pressing the belief that the govern
ment's petition was well founded and
should have been granted.
The majority opinion was written by
Judge Elmer B. Adams. The only
question, says the Court, was whether
the Union Pacific was competing line
prior to 1901, for transcontinental bus
mess with the Southern Pacific.
All the facts in the case, according
to the Court, do not show that the
Union Pacific was substantial COM
petitor of the Southern Pacific at that
time
The Court held that the investment
of the Hartman lines in the Santa
Fe was not for the purpose of acquir-
: ing control and that if it was for OBJ
tanning inside information concerning
; the operations of a great competitor,
they chose a lawful way of doing it.
History OF The Case.
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 2, 1908.
The bill charged conspiracy and the
y formation OF a combination In viola
: ton of the Sherman antitrust act,
passed by Congress to protect trade
l. and commerce against unlawful mo-
{ nopolies.
The defendants named in the case,
II we're the Union Pacific. Oregon Short
h Line, Southern Pacific, Oregon Rail-
e road and Navigation company, San
Pedro, Los Angeles and Salt Lake
y company, Atchison, Topeka and San
E. ia Fe, Northern Pacific, Great North
d Trust company. Edward H. Hartman,
p Jacob H. Schiff, Otto H. Kahn, James
Stillman. Henry H. Rogers. Henry C.
Frick and William A. Clark.
rs The governments petition was
Of signed by Attorney General Bonaparte
and his special assistants. 1t sets
forth in detail the agreements by
which the defendants at various times
since 1901 were alleged to have OBJ
tanned for themselves and others the
management and control of the va
/ rious defendant roads, their branches
1 and steamship lines and to have oper
ated them ever since in restraint o.
commerce.
at Since the suit was filed Mr.. Harri
is. man and Mr.. Rogers have died, Judg,
i'll R. S. Lovett, successor of Mr.. Hartman
he in the railroad system, was by stipula
m tion made defendant; Attorney Gen
or eral Bonaparte and Assistant Attorne,
RS General Purdy retired from offic
he while the suit was pending. Hearing
en- were held in many cities of the cour
lot try.
en- Arguments were made in the cas-
de- before Judges Sanborn, Hook. Adam
res and Van Devanter on October 15, 191,
We, in St. Paul. The judges of the eight
ing judicial circuit of the United State
an circuit court have had the case undt
tu- advisement since the arguments.
ext The suit was tried in the circu
in court under the expedition act of Co
hat gress. Any appeal will be made
the rectly to the United States Supren
Court