The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-04
THE UNION PACIFIC DECISION.

Inc actlon oil the u. >. supreme
Court in dissolviug the merger between
the Union Pacific and the Southern Pa
cific so far as the Southern Pacific
proper is concerned in it's southern line
10 California, was no more than was to
be expected. Precisely the same prin-
ciples apply in this case as applied in
the Northern Securities merger case
| as between the Northern Pacific and
the Great Northern railroads This
must have been evident to the great
lawyers OF this railroad system, and,
doubtless, as Mr.. Williams of this city
says, E'such arrangements have already
been made as will leave the roads with
out much TO do to get in line with the
decision as rendered" It is true that
in the Northern Securities case, the
two roads parallel each other at COM
paratively short distances between the
tracks, and that the Union Pacific and
way apart; but in tho application Of
principles the court is obliged to apply
the general proposition involved in the
same way in both cases, and has done
so. Ii is not true, of course, that the
decision means that the "legal defini
ton of q competing line is extended 10
include any whose business may be di.
rcctiy affected by such control, whether
the lines do or do not parallel each
other, as said by a local contempo.
raIy, for, the parallcling is the very
thing that establishes the principle,
and the effort Of the court is TO com.
pei so far as possible, a proper regard
for public rights through at least the
opportunity for competition, by for.
bidding the practical merger Of com
Peting lines which parallel each other.
The fact that the court does not con
slider the old Central Pacific line west
of Ogden through to San Francisco to
be Of the same class in its relation TO
the Union Pacific as parallel road. is |
evident from the fact that the court |
allows the Union Pacific to operate |
that road, practically combining with !
the old Central Pacific from Ogden |
to San Francisco. The fact that this
is permitted, and is to be done, shows
the distinction in the mind of the
court between the two cases. Compe-
tition, in the legal definition of that |
word, is not possible in such case as
the Union Pacific and the old Central
Pacific, although the relations Of these
two roads arc of the closest possible |
character; but they are not competi-
tors, and for this reason the court al
lows of the Union Pacific taking and
operating that old line built by the
Central Pacific company, but now for
many years operated by the Southern
Pacific. This operation Of the old Cen
tral Pacific by the Southern Pacific
Will now cease, and the use of the old
Central Pacific line will be directed by
the Union Pacific.
The decision Of the court as made
could have been practically foresbad /
owed by any ono who kept in mind
the ruling Of the court in the North
ern Securities case; and the fact that
the principles laid down in that da.
cision have no application whatever to
the continuance of the trauscontiueu-
tai route by the Union Pacific through
its operation of the Old Central rail.
road is evident TO every one,
The outcome of it all is that the
Supreme Court Of the United States
has merely reaffirmed in this case pre-
cisely the principles it laid down in
tho former decisions. 1t has applied
those principles In this case so far as
tho competitive lines are concerned, So
fnr as the continuation Of the Union
Pacific operation Of the old limo to tbe
coast from Ogden is concerned, the
court distinctly declared that that was f,
not violation Of law nor of the com. I
petitor principle
We do not look for any real chauces
IN the operation Of the road or in
the personnel of It's management TO {
come from this decision Both trans.
continental lines are now TulI,. nfTicorcd |