Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-12-02
HARTMAN MERGER
CONTINUED from Page ons.)

hrst NtH It question of law. Does the
burrhns" outright by one .niIrDad
company of IA" controlling corporate
st"ck at another result In 10 comb.
nation In violation Of the sherman
hnti.irust Law; No cns- sr"mlngIy
had arisen which decided IN. point.
Judge Hook reached the conclusion
mat since II had been decided IN the
Northern Securities case that tho
holding of the stock of two cntnpgn-
l's ny MIRA wnS 4 violation 81 thr
law. therefor" the holding hy one Of
those two ~ the stock Of the other
must likewise br Il violation. Hut
Judg" Adams, Van Devanler aud san.
born dld not pass on this question De-
cause thcy decided the case against
the government on the second dura-
ton
The second question Was whether
thu iulOn pIvinc aud the Southern
PuciHc were competitors Tor san
FrHncisCU business The government
presented witnesses 10 show the two
companies before the merger muin-
tanned rival soliciting agents In the
cnsi ana that they were commercially
regarded m competitors Tor transCou-
tinental buAincss. IT,, court reached
the conclusion that the question OF
whether they Werc competitors was
not to he decided entirety rs a mat
eer OF fact governed by tcstiHony. but
vas partially II question of law. As "A
matter Of law, II was held that the two
could MOI oe competitors because the
Union Pacinc had 10 depend upon the
EfaataN
san Francisco ana upon independent
railroads To bring freight and passen-
gers from the east 10 II ~ Kansas city
ana omaha In 40 iinding, the court
concluded the Union Pacihc'H line
from ogden through Portland to san
Francisco was impra ctlcable.
Weight was glvcn by the majority
of the court TO the testimony Tor the
railroad that the purchase VAS nude
not to throttle competition but Ia pre-
vent the Union Pacific being bottled az
at ogden. II was said that Nj Har.
rimnn acting for the Union paCInc.
first tried To purchase from the Suulh-
ern Pacific the old Central Pacific
line. extending from ogden tu San
| Francisco, In this, hr fail"d. Then
he entered into negotiations with &. T.,
Huntington for the purchase Of a
largo block OF the Southern Pacinc'a
stock In that. too, he failed. After
MIR, Huntington died. efforts were, re-
newed, The Gould Interests were
said Ia have been "a rival bidder. This
time, MIR. Hartman was successful.
EThc motive Of the linton Pacific. II
was insisted, was merely Ia have "A
F..g. a..
The government also complained
that the two aysteTaH. lhe Unlon P"c'
inc and the Southern Pacific, were
competitors far business from ATTAIN.
tic Heaboard and interior points uf the
country on the one hand to Portland.
Ore. on the otaer: between the Allan.
tic aeaboard on the one hand and Col.
oFado and Utah common points on the
Otheri between Portland on the one
hand and Utah. Colorado and Nevada
common points on the other; between
Ban Francisco on one hand aud Porte
land on the other; between S0n Fran.
cizeo on the one hand and Montana
and Idaho common polnis on the
other; between New York and lnterS
Tor common points on the one hand
and tile Orient on the other.
In oRch OF these subordinate eOm'
plants. the majority af tha court
found that the business of each OF che
railroads 10 the renpectlve nFeas IN
question constituted "a snanli per-
ceutage Of their total traiIlc that q
would not be taken ~ the basis for =
substantial FesarAlnt ON Interstate
, commerce. ~
THE taal which the majority applied
In aEhoEalnaea eou8Rinlnts and IN the
tess oster1hanimu whether the rail-