The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-02-25
CR|T|C|zES PLAN
OF DISSOLUTION
Attorney for Western Pacific Ap-
pears Before Federal
Judges.
THINKS SCHEME UNJUST
Believes 1t Intended for Union
Pacific TO Retain Present
Advantages.
THINKS
SCHEME
UNJUST

st. Louis, February 24.--The stock
distribution plan for dissolution OF the
Union Pacific-Southcrn Pacific merger.
which, had been agreed upon by coun-
sci for the Hartman lines and At
torncy-General Wickersham. was crit
icized here to-day In arguments be-
fore the Federal Judges, who must
pass on the scheme before II can be-
come effective.
The dissolution plan to-day was
placed before the United States Court
for the District OF Utah, which, for
this particular purpose, was composed
of circuit Judges. Tho Judges who
heard the arguments and who now
hold tho outcome Of tho suit in their
st. Paul: William G. Hook. of Leaven-
worth. Kas, and Walter ]. Smith OF
Council Bluffs, Iowa.
The plan argued to-day was agreed
OIL as carrying out the dissolution de-
cree of the Federal Supreme Court.
The Supreme Court. after sustaining
the decree of dissolution entered in
TO the court OF original Jurisdiction
for enforcement.
Objection To the stock distribution
plan was entered in the arguments to-
day by +. w. NJ. Cutcheon counsel for
the Western Pacific Railroad Com
pany. AS the Western Pacific was not
"A party to the original suit it's attor-
ney was allowed to appear to-day only
as n friend"
Tire stock distribution plan to which
exception was taken by Attorney Cut
cheon contemplated that Southern Pa
cine holdings Of Union Pacific shall he
offered to the shareholders indiyid-
ually, of the two companies
This disposition OF the stock" said
Attorney Cutcheon, lis entirely un-
necessary Tho stock Just as easily
could be placed in the hands of a syn
dictate and sold to the public. Why
was this superintendent OF the South :
ert Pacific shares proposed? For the
purpose or retaining for the Union Pa
cihc some of its present advantages. y
The clause in tho dissolution plan
providing for the exclusive use of the
Benicia cutoff. the short line between
Oakland and Sacramento. by the South :
ern Pacific and the Union Pacific also
was denounced by Mr.. Cutcheon
Maxwell Ewarts. counsel for tho
Southern Pacific. in discussing this
phase OF the plan. said:
The Southern Pacific liz willing to
grant TO the Western Pacific whatever
rights 1t now has over the Benicia cut
on These rights the Southern Pacific
Is willing TO perpetuate."
The attorney for the Western Pa
cihc condemned the plan for the ex :
elusive use OF the cut-on by the Union
and Southern Pacific lines as tender
ing opportunities for an INVASION of the
antitrust law as completely as could
be devised"
Under the dissolution plan, the cut
OF, which now is the property OF the
Central Pacific. is to 20 into the hands
or the Union Pacific and the contra C t
by which the Central Pacific gives the
Southern Pacific the right TO use the
cutoff Is TO he perpetuated.
Attorney-General Wickersham, in ex-
planning the plan TO the judges said
he did not think there was danger OF
monopoly because there was no domi-
nate personality like Hartman in the
roads to bring it about, Besides he
said. the Sherman antitrust law is
equal TO any emergency.