Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-12-06

handed down by the sup ,me court
yesterday, the government Won its suit
in the Union Pacific merg : case.
Justice Day, in reading che opinion
indicated that the court. gould enter
a decree to dissolve tn, combination
and also an injunction I, prevent the
Union Pacific from voting the South
ern Pacific stock. The court held that
the Union Pacific Railroad company,
by acquisition Of the stock in the
Southern Pacific, had effected a COM
bination in violation Of the Sherman
antitrust law.
The governmental fight against the
Union Pacific merger began in 1908.
In that year Attorney General Bona
parte fled in the United States cir
cult court for Utah a petition to split
the transcontinental railroads brough
together by Edward II. Hartman.
This powerful combination was al
legged to be in violation of the Sherman
antitrust law.
Hartman, Jacob ii. schif, Otto II.
Kahn, James Stillman, Henry H. Rog-
ers, Henry G. Frick and William A.
Clark were named by the government
as the creators of the combination and
the supporters of its existence. The
allegations set forth in the petition
stretched over the development Of the
entire nation and went far into the
years of the past. Circuit Court Judges
Sanborn, Van Devanter, Hook and
Adams were called to pass on the suit,
The governments case was built
largely around the purchase by the
Union Pacific railroad company in
1901 and 1902 Of 46 per cent Of the
stock Of the Southern Pacific company
referred to as ordinarily a controlling
interest. The main line Of the Union
Pacific extended from Kansas City and
Omaha to Ogden. By subsidiary com
panies, t reached Portland, Ore, ani
thence, by steamship, San Francisc,
and the Orient. The Southern Pacif,
had a line by sea and land from New
York to San francisco and Portland
by way Of New Orleans, and owned thu
Central Pacific extending from the ter
minus Of the Union Pacific at Ogden t,
San Francisco.
Two weighty questions were pre-
:, sented by this phase of the case. TIL
? first was a question Of law-does tn
purchase outright by one railroa'
company of the controlling corporal
stock of another result in a combina
tion in violation of the Sherman anti
trust lawf No case seemingly ha
a arisen which decided the point. :Judg
d Hook reached the conclusion tina
9 since it had been decided in tn
e Northern Securities case that tn
holding Of the stock Of two CON
n panies by a third was a violation o
n the law, therefore the holding by on
of those two of the stock of the othe
d must likewise be a violation. Blu
d Judges Adams, Van Devanter an
Sanborn did not pass on this questio
because they decided the case agains
the government on the second question
The second question was whethe
the Union Pacific and the Souther
Pacific were competitors for San Fral
cisco business. The government pr
= sented witnesses to show the tw
companies before the merger maintain
4 ed rival soliciting agents in the ca.
and that they were commercially r
garded as competitors for transcontil
entail business. The court reached IL
. conclusion that the question Of whetl
er they were competitors was not to
decided entirely as a matter of fa'
y governed by testimony, but was part,!
., ly a question Of law. AS a matter {
lie law it was held that the two could n,
lie be competitors because the Union p
cife had to depend upon the Southe,
~ Pacific to get from Ogden to San Fra:
I'd cisco and upon Independent railroa.
to bring freight and passengers fro
the east to it at Kansas City and ON
ha. In SO finding, the court conclude
cs the Union Pacifc's line from Ogds
i'll througmh Portland to San Francis
was impracticable.
Minot, N. D., Dec. 3.-The tiny boo
of q new born baby girl was found {