davidaulloa/AmericanStories huggingface dataset:
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
JOHN HAYS HAMMOND
ESCAPES OBLIGATION

WASHINGTON, Dec. 2.-In a deci.
sion by the court of appeals of the Dis
trict of Columbia today, 1t was held
that John Hays Hammond, the mining
engineer, was not liable for the 81 800,
600 subscription Of the preferred stock
of the General Cotton Securities com,
pany as alleged by Daniel J. Sully, for
mer cotton king but that the obi
CATION was personal to Sully himself.
The court held that John P. Miller,
the original owner Of the General
Cotton Securities company and now a
resident of New York, is a necessary
party to the proceedings and must be
served before the coz can go further.
The case was remsnded to the lower
court with the provision that, if SER
vice is not had on Miller within a rea.
sonable time, the suit is to be dismissed.
The court held that it bad no jurisdic-
ton over the management of the Sc.
curlties company, which is Delaware
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
SUIT WAS FIRST
FILED IN UTAH

The suit against the Union Pacific
ra iroad which has just been decided by
the government was originally brought
In Utah Tho government, through
Hiram H. Booth United States attorney
for the district of Utah.. flcd petition
90 the circuit Judges for the district at
toruey, asking them, among other things.
FOR the dissolution OF tho Union Pacific
railroad
The original action was directed
against the Union Pacific Railroad com,
pany, the Oregon Short Line Railroad
CATION COMPANY the san Pedro, Los
Angeles & Salt Lake Railroad company,
the Atohison, Topeka &: Santa Fe Rail-
pany, the Northern Pacific Railway COM
pany, Great Northern Railway company,
Farmers Loan Trust company. Ed
ward n Hartman, ;IaGob II, sch!ff, otto
Rogers. Henry G.. Fricls and William A.
Clark. The original petition was fled
In Salt Lake February t., 1903, and was
the United states for the district of
Utah: Charles ]. Bonapsrte. attorney
general Of the United states: Milton p,
Purdy. assistant to the attorney general;
Frank n. Kellogg and G, 4. Severance,
special assistants TO the attorney gen
eral
Hearings were held in various, parts
OF the United States and testimony
70 this duty by the department of jus
ticc, a great mass OF testimony was
taken which was printed In several VOL
umcs and submitted TO the judges of the
circuit court.
In Salt Lake a hearing vas begun on
April 27, 1909. before Sylvester G. Will
liams. special examiner. The govern
mcnt was represented at this hearing by
Mccrea and c" G. i. Histed 2Pbe The railroad M M
and the other defendants were
Kelly. p. L. Williams and AIr. Loomis.
The hearing continued several days, dur
Ing, which many witnesses We're ex-
amI4ed, among them w, s, Mccarthy,
Stephen II, Babcock, David Eccles,
Stephen II. Love. Joseph A West, Ken
Meth Kerr, George N Lawrence, Joseph
Oglesby Fred d. Ulmer, Joseph w.
Summerhays. Thomas Kearns. Charles
Q. Moore. W. w. Ritter, ], c., Mcdonald, |
G. p. Murphy, c. c, Goodwin, Orson D. !
Romney. George T, Merrill and Frank S. |
Murphy,
After all of the evidence was collected
I was submitted to the full bench OF !
the circuit Judges OF the Eighth dis !
.rict. After the arguments were pre-
sented the court handed down two !
opinions. the ma jority opinion being
against the government in every particu- !
ar and the minority opinion holding that \
he Southern Pacific west OF Ogden and |
he Sunset Route Of the Southern Pa |
'ific were competing lines and could not |
egally be both controlled by the Union |
Pacific
The government appealed from the de-
;ourt 10 the United States supreme
court,
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
DISTRICT ATTORNEY
DISMlSSES CHARGES

VALDEZ, Alaska, Dec. 2.-The indlct.
ments against Falcon Joslin and e L.
webster. Seattle capitalists. accused of
publishing false report concerninc the
condition OF the Washington Alaskan bank
OF Washington, OF which they were offl-
GERS prior 10 its merger with the Fair
banks Banking company TO form The
shington- Alaskan Bank OF Nevada Of
Fairbanks, Alaska. in 1910. were dis.
missed today
The district attorney. who moved the
disnlissal, said the evidence was insuffi-
Gient TO- obtain 9 conviction United
states District Judge Lyons will rule
lomorrow on demurrer 10 a similar
1nhlGsment ~ against w. IL. Parsons and
+, n Barbour The case against El-
bridge +. Barnette. who vas nresilent
OF the bank when It suspended, viii be
taken np after ruling Is made on the
other defendants VIC
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
WILSON ADDRESSES
BERMUDA ASSEM-
Continued from Page ous|

sral times during his speech byul.
Hear, Hear" and there was
OF digniied applause when Ii
cIuded.
Governor Wilson Afterwards saJ3.
. "Of course. It would be irnprac,|
10 discuss the tariff annually |.
United States, The scedules ars Ia
plicated.
Returning home, Mr.. Wilson stoz>
Hcyrs apothecary shop and sat
ancient armchair in which Pro
Hays and Cleveland had sat Ths
dent~elect then visited the America
sulate. registered. chatted a whql
Vice Consul Allen inspected ths
traits OF Admirals Schley and g.
and told stories, including one In
he said:
War is rude and inpoIits.
1t quite upsets a nation.
II has made several weeks Of hsI
And years OF conversation"
During the morning Mrs. WpRr
the daughters administered autisl
oIntments and plasters 10 Mrs. Eu|
young bride who had injured hsr
in falling from a bicycle In from
Wilson cottage at Glen Cove
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03

| Sherman antitrust law. No case SEEM
| inely had arisen when decided the point
Judge Hook reached the conclusion that
! ern Securities casc that the holding ot
| the stock of two companies by a third
was a violation Of tho law, therefore the
holding by one OF those two of The stock
OF the other must likewise be violation.
| But Judges Adams. Van Devantcr and
Sanborn did not pass on this question be-
cause they decided tho case against the
government on the second question.
The second question was whether the
Union Pacific and the Southern Pacific
were competitors for san Francisco busi-
ness. The government presented wit
nesscs TO show the two companies before
the merger maintained rival soliciting
agents In the east. and that they wero
commercially regarded as competitors for
traDscontinentaI business. Tho court
reached the conclusion that the, question
not to be decided entirely as a matter
of fact governed by testimony. but was
partially a question OF law.
As "A matter OF law. II was held that
the two could not be competitors. because
the Union Pacific had 10 depend upon
the southern Pacific to got from ogden
to San Francisco. and upon Independent
railroads to bring freight and passengers
irom the east to 1t at Kansas City and
Omaha. In so finding, the court concluded
the Union Pacihc's line from Ogden
lmDra cticable
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
chase from the Southern Pacific the old
Central Pacific line. extending from Og
den 10 san Francisco. In this he failed
Then he entered into negotiations with
G. Il. Huntington for the purchase of a
large block OF the Southern Pacific's
stock In that, too. he failed. After Mr..
died, efforts were renewed, |
The Gould interests were said to have
been d rival bidder. This time Mr.. Har-
riman was successmul. The motive of the |
Union Pacific. II was insisted, was merely |
10 have Il friendly outlet to San Fra ncisco |
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
CHIEF OFFICIALS
DECLINE TO TALK

NEW YORK, Dec. 2.-Onicials Of the
hartman system manifested no surprise
when when Informed OF the supreme court de-
merger but declined to comment on It's
scope or general significance.
-. wall street received the decision in
money had risen TO rs per cent, the high
rate of the day, Union Pacific fell two
and a half points TO 1853. and Southern
paciae Pa -, two points to losg; Almost at
shot up from 90q 10 9Sh and Southern Pa
So points.
The rise in Union Pacific preferred was
said to be based on belief that IL would
be likely TO share equally with the com
mon In any distribution or readjustmcnt
OF securities entailed by today's decis-
ion. This was dcbatable point, and
Hartman representatives refused any in
formation on the subject.
As Tor Southern Pacific bonds. their
ment at. par and interest should Central
Pacific DC taken over by Union Pacific
as intlmatcd In the supreme courts de-
elslon, southern PACING owns all The
sderation OF which Southern Pacific is
eral f's -"'a
WhlIo the Hartman stocks were falling
the balance of the list made one or two
point declines but tile unsettlement VAS
utue more ihap temporary, most issues
SoseFll5 INC greater part OF their loss
before the dull close. United Statos
steel was conspicuous exception. show
ing more heaviness than any other
leader "
The manner in which the sec,rjt;op
OF the Union Pacific and Southern Pa
clhc roads may be readjusted will cali
Tor greater degree OF legal skill than
was entailed In The dissolution result
Ing from the Northern Securities oecis-
ion. Union Pacific owns practically half,
maybe little more. OF Southern p,cific
and the latter owns outrigh, by stock
Ownership all OF Central Pacific, which
Is Union Paciics linl; between Ocdsn
and the Pacific coast
Bankers interested in the Hartman
properties and other tinancers idcnti6nd
With importnnt railroad systems wcra
inclined TO regard the supreme court do
cree az A logical outcome of the North
err Securities decision.
These same Interests point TO the
Standard OIL and American Tobacco cases
however as indica ting that "segrcra fjnn''
OF the Hartman lines need work No harm
TO holders OF the securities involved
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
WOULD REMOVE ELK
TO MINNESOTA WOODS

DULUTH, Mimi, Dec ITO stock the
ooPerlor national forest reserve with elk
IS move that will be taken by sports
men,. according 20 o. Z. Erickson of
trookston. MINI. He believes Y pro-
iected. the elk will increase in ton wears
20 tnst the season can be declared open
Tor twenty days in the year
Ihe superior forest reserve contains
2fe! 100000 acres lying in ST. Louis and
Lahe counties. Minnesota, A transaction
nov Is pending that may add $50, 600
acres. a big portion of the reserve is
. virgin forest sffording protection 20
sfeat numbers OF deer and moose,
hundrcds Of elk die each winter in
Montana. where they have been taken by
INC government, said Mr. Erickson
spokesman for the northern sportsmen
oi Minnesota. This is accounted for by
me extreme cold there and that the
"ooos are not thick enough The Su-
perlo: reserve IS differently clothed and
YOU'D oe the best home for the elk We
WIZ take the question up with the con-
GTessmcn from ihs state aud ask them
70 pass an act providing for the removal
minnesota" -.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
SUPREME COURT ENDS
THE HARTMAN MERGER
Continued from Page One.)

est in the San Pedro. Los Angeles & Salt
Lake Railroad company was allowed 10
| stand
1t is the general belief here that the
application of the decision TO the rail-
widespread. placing powerful prcccde ent
In the hands OF the attorney general 10
prevent the consolidation OF competing
roads,
Department of justice officials. how
ever, were not prepared tonight 10 dis
cuss the full effect OF the decision upon
other railroads.
Attorney General WicSersham issued a
statement in which he declared that the
opinion extended the principles of the
Northern Securities case ana reaffirmcd
those OF the Standard on and st. Louis
Terminal association decisions.
Justice Day, in his opinion, spoke OF
the Standard Oil and Tobacco cases OF
last year rs the final authority ON the
Interpretation OF the Sherman antitrust
act. He pointed TO the decisions before
the STANDARD OIL ana Tobacco cases as
being approved in those cases and then
10 apply To this merger the
principles discussed In all these deci-
siops.
"Wc take it in this connection" he
said. that ii may be regarded as set
tied that combination which places
railroads engaged in Interstate commerce
In such relation as TO create single
control In one corporation
natural and existing competition
In interstate commerce is unduly re-
stricted or suppressed. is within con-
demns ton OF the act. While the Law may
not be able 10 enforce competition, IL can
reach combinations which render compc-
ii ition imDrartiCablc.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
THREE FRATERN|T|ES
ARE OUT OF CONTEST

Professor 4. A. KnoTlton, chairman OF
the University Of Utah credits committee.
received the official withdrawal yesterday
OF the three social fraternities from COM
petition for the fraternity scholarship cup.
The three fraternlties are tho Alpha Pi,
Sigma Chi and Amici F'idissime. Last
year the faculty OF the university offered
a silver loving cup 10 the fraternity
which. at the end OF the year. should
have maintained the highest average
above~named societies objected to the
Kappa Pi Alpha, which Is medical fra
ternity, being In the competition, as the
medical fraternity is essentially a scho-
arship fraternity and plainly, II Is con-
tended, has an advantage over a social
fraternity
The purpose OF the faculty in offering
mouitnn ths Inp as expressed 6y Professor
men TO DO better school work. He said
that at fraternity house there is a big
tendency towards loafing and that Il
some incentive 10 better school work were
fraternity might help the lower class
men. This was all well and good as far
as II went the fraternity men said, but
in view Of the fact that the medical fra
ternlty supports no fraternity house and
that underclassmen are not eligible 10
membership. the social clubs decided that
they were working under DISADVANTAGE
and appealed TO the credits committee 10
the effect that the NEEDLES be left out OF
the competition for the following year
although no complaint was made because
the medics won this year,
The credits committee refused to com
ply with the demand. on the ground that
the medical fraternity was essentially no
different from the others Then, as there
Was no other way OF getting away from
the medice. the three other contestants
withdrew.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
May Be Receivership.

Any plan or plans shall bc pre-
sented TO the court within three
months from tho receipt of tho man
date date Of this court. failing which. or
plans submitted within such .ine. the
court shall proceed by receivnrship
and sale. II necessary, TO dispose OF
such stock In such wise as to dis
solrc such unlawful combination.
The government has appealed from
dismlssipg the bill. SO far as con-
Germs the attempt to acquire the
Northern Pacific stock and the stock
Of the AtchIson. Topeka 6 Santa Fc
Railway company, afterward aban-
doned, and n certain interest In the
Railroad company, and other features
of the case which were dealt With
and disposed OF by the decree and
opinion of the court below. It. is srffi-
Client, without going into these mat
ters In detail. Ia say as TO them we
of the court below. but for the rea
sons stated. the decree should be re-
Yersed and one entered in conformity
With the views hcroIu expressed, so
far as concerns the acquisition OF the
Southern Paelfc stock
Reversed, In part, the circuit court
to retain its jurisdiction 10 sec the
decree above outlined is made ef-
fectual,
Commenting on the case, Attorney Gen
raj Wickersham said today;
The decision in the Union Pacific
case merely extends the principles
OF the Northern Securities case to
the Union Pacific Southern Pacific
merger. and decides that the ovn-
OF its stockSin the Southern Pacific
is In violation OF the Sherman law
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
URGED HIS FR|END
TO INVEST IN COR
Letters Written by !,
Hawthorne Identified
Men Who Invested

NEW YORK, Dec. 2.-witn,,,
several states today identified =
thc personal letters" which Jn,,.
thorne wrote urging them IN 49,
the Cobalt mining properties. tos
legged promotion OF which thron.S
malls. Hawthorne, Josiah ouinsr
ton and others are on trial mn I
of fraud.
George VI. Walker OF india
tilled that he bought $3.50 worsh
In response TO some Of Ua wthn.o' o'
ters, In one OF which Hawihorna
"Of course | assume a cer,s,l
responsibility In urging you 10 Inss INV
money" p'1|
In another he wrote:
la Rose and other Cobalt NJ.
paying II per cent. but wa bsv"
such properties in our Ternara y
One thing my friends may i.
Is that J am not tied up In sta5
bing scheme" ''
Julius Neils. lumbcrman ~.
Lake, MINI. who said he was is.p
OF 10000 shares In the Hawtho,ns
Is iron Mines company and soma ~.
Cobalt mines stock az well. nrrda
letter from Hawthorne which ,u ss,sua
we Dlready have sold $40 ma
and could sell from 1000, ,O00 tn
between now and Christmas h,i
told you only 800, 900 shares vii, ~ i,
want to make IL clear thai
a promoter You need have no fess
the management
John q. Collins, n retired ccr,,
OF the United States navy, vas :
witness who identified a letter srose
tbornc. but said he did not subsc,s
the stock offered him.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
DEFENSE OPENS IN
THE DYNAMITE CASE
President Ryan of the Iron
Workers Union First Wit
ness to Take Stand.
FOUR MEN DISMISSED
Herbert FIockin'S Resignation
as Secretary of the Union
Announced in Court.
FOUR MEN DISMISSED

INDIANAPOLIS. Dec. 2.-Arsumen,
that those who already have confessed
alone caused the illegal transportation
OF explosives on passenger trains to
blow up non-union iron and steel Jobs
was followed In the examination at the
dynamite conspiracy" trial today OF
Frank NJ RYAN, president OF the Inter-
national Association or Bridge and Struc-
tural Jronworkers.
After the testimony OF It's 549th wit
ness. the government closed It's case and
on It's own motion had four Of the
nrty-five defendants dismissed on the
ground thot the charges against them
were not sustained Their names fol-
low:
William *. Benson. East Galloway. y.
Y, former president of the Detroit Fed
grafton of Labor; Moulton Fl. Davis,
Westchester. Pa, former member of the
executive board OF the international AS
sociation OF Bridge & Structural Iron
workers; John r. Carroll Syracuse, y,
y, former official local 1ronworkers'
union; Spureeon p Meadows. Indian
apolis. business agent OF the local coun-
eli OF the international Brotherhood OF
C'arnEntprz &C. Joinprs
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
Suit Filed in Utah.

The governments fight against the
Union P2ciilc merger began in 1905. In
that year Attorney General Bonapartc
filed In the United States circuit court
for Utah petition to split the trans
continental railroads brought together by
Edward Fl. Hartman Thls powerful
combination -was alleged 10 be in viola :
ton Of the Sherman antitrust law
Hartman. jacob H. Schin Otio II
Kahn. James Stillman, Henry II Rogers,
Henry G. F'rlck and William 4. Clark
were named by the government as the
crea tors OF the combination and the sun
porters OF its existence. The allegations
set forth in the petition stretched over
the development OF the entire nation and
cult Court Judges Ssnborn. Van Devanter.
Hooh and Adams were called to pass on
the suit. "
The Sovcrnments case was built large
~ around tho purchase by the Union Pa
chic Railroad company in 1901 and 1902
OF 40 per cent OF the stock or the South
ern racine company, referred to as ordl-
nsrily controlling interest Tho main
line Of the Union Pacific extended from
subsidiary companies IL reached Port.
Iand, Or, and thence, by steamers. San
francisco and the orient The Southern
Pacific had a Inc by sea and la nd from
Nc~ York TO san Francisco and Portland
py way Of New Orleans. and owned the
Central Pacific. extending from the fer
minus OF the Union Pacific at Ogden 10
San Francisco
TWO weigh,y questions were presented
by this phase of the case. Tho first was
a question OF law: Does the purchase
outright by one railroad company OF the
controlling corporate stock NJ another re-
suit IN a combination in violation OF tho
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
LOWER COURT WILL
DEVISE DISSOLUTION
Continued from Page One.)

stock In conformity to the views here
In expressed.
AS to the suggestion made at the
oral argument oy the attorney gen.
erdl. In response TO n query from the
court as to the no turc of the decree,
that one might he entered which,
while destroying the unlawful comb
nation, in SO far as the Union Pacific
secured control of the competing line
OF road extending from New Orleans
and Galveston 10 san Francisco and
Portland. would permit the Union
Pacific TO retain the Central Pacitic'S
connection from Ogden To san Fran
cisco and thereby TO control that line
10 the coast. thus effecting such
continuity OF the Union Pacific and
Central Pacific from the Missouri river
TO San Francisco, as WAS contemplated
by the nets of congress under which
they were continuous it should be
said that nothing herein shall he CON
sldered as preventing the government
or any party in interest. " so dcsir-
Ing, from presenting TO the court n
plan for accomplishing this result or
AZ preventing the court from adopting
and giving effect to any such plan so
nrcSpptc c1
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-03
Cannot Be Dodged.

Nor do We think Il can make any diff
ference that. instead OF reporting to a
holding company. as was done in the
Northern Securities case. the controlling
interest In the stock OF one corporation
is transferred TO the other. The domi-
nation and control and the power to
suppress competition, are acquired in the
one case no less than In the other and
the resulting mischief, at which the
statute wns aimed. Is equally effective
whichever form is adopted.
He added that Il moro effectual form
OF combination 10 secure the control Of
a competing stock interest In the other
could hardly be conceived.
Ono by one. Justice Day took up the
arguments upon which the railways hoped
10 defeat the governments suit, He first
considered the argument that the sys-
TENS were not competitors. but part
ners.
ITO compete" said the justice, "is TO
strive Tor something which another is
actively seeking and wishes TO gain"