Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-12-05
HARRrMAN's SEVERAL. ATTEMPTS


Weight was given by the majority Of
the court to the testimony for the rail-
roads that the purchase was made not
to throttle competition but to prevent the
Union Pacific being bottled up at Ogden.
II was said that Mr.. Hartman acting for
the Union Pacific, first tried to purchase
from the Southern Pacific the old Central
Pacific line, extending from Ogden to
San Francisco. In this he failed. Then
he entered into negotiations with C. p.
/ Huntington for the purchase Of n large
block Of the Southern Pacihcs stock. In
that too. he failed. After Mr.. Huntington
died, EFFORTS were renewed. The Gould
interests were said to have been a rival
bidder. This time, Mr.. Hartman was sue
| cessful The motive Of the Union Pacific
1t was insisted, was merely to have a
| friendly outlet to San Francisco
| The government also complained that
tho two systems, the Union Pacific and
the Southern Pacific. were competitors
for business from Atlantic seaboard and
interior points Of the country on tho one
hand to Portland, Ore. on the other
between the Atlantic seaboard on the
one hand and Colorado and Utah COM
mon points on the other between Port
land on the one hand and Utah, Colo
RADIO and Nevada common points on the
other; between San Francisco on the one
hand and Portland on the other; be.
tween San Francisco on the one hand
and Montana md Idaho common points
on tho other; between New York and
interior common points on the one hand
and the Orient on the other.
t.
plants. the majority of the court fount
that the business of each OF the rail
roads to the respective areas in Ques
ton constituted 20 small perccntag,
OF their total traffic that It would no
be taken as the basis for substantial
restraint on Interstate commerce.
WOULD PERMIT ABSORPTION.
The test which the majority applied
in the subordinate complaints and II
the test determining whether the rail
roads were competitors was denounced
by Judge Hook as probably allowin-
the Union Pacific to purchase lawfull.
control of all the great parallel rail
road systems OF the United States.
Another complaint was addressed
the construction OF the san Pedro To
Angeles & salt Lake Railroad com
pany. Defendant Clark and his aseo
'ciatcs started to build a road to con
meet Los Angeles and Salt Lake CT
and SO did the Union Pacific. Eecaus
, of the alleged impracticabilty Of con
, structins two lines through the can
, yon known as Meadow Valley Wash
, one road was built. tho court found
, each group OF promoters taking one
, half he stock. The entire court foun,
, trust law in the Union Pacifcs con
troll of this ROAD.
, TIE government complained Of tn
, purchase by the Union Pacific Of con
: trolling stock in the Northern Pacif
D company. The court declared it wa
e only necessary to say the Union Paci
lc had sold that stock
Still another complaint was the purchas
I in 1904 by Defendants Hartman, Roger
= Stillman. SchiN. Kahn and Willlai
= Rockefeller OF 3o.os0,ooo in face value {
9 the stock OF the Atchison, Topeka &; SAINT
G Fe Railway company and the investmer
= in 1906 by the Union Pacific in five p,
g cent. of that stock. The court found r
proof that any control was thus obtaine
t over the rival Santa Re
n Thus defeated In the circuit court, II
d government brought the case to the :,
n preme Court. Attorney General Wicke
= cham. Frank b. Kellogg and Corden!o .
Severance appeared for the govcrnmcn
A long list OF attorneys, headed by p.
Dunno Of san Francisco and y. H. Loon
10 Of Omaha. represented the defendant