The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-12-02
Edward F. MoLennon Takes
But Little Over Hour to Sum
Up Points for the United
States in Antitrust Suit.
DECLARES LINES CAN
BE EASILY
Allegation Made of Clear Vio-
lations of Sherman Act in
Permitting Agents to Solicit
for Two Routes.

So AHAAN|H $40 ~ o. Y EHNAA NV
IN the case in which the government
seeks 90 separate the Central Pacific.
from the southern Pacific.
were resumed here today before three
federal circuit judges sitting As tho.
court Tor Utah.
Edward j. McClcunen. OF Boston.
counsel for the government. who be-
gan his argument yesterday contin-
ued it today.
The complete brief Of the govern
mont viii be submitted 90 the court
at the conclusion OF the argument and
the attorneys for the southern Pa
cific have beer Instructed 10 mnn
their brief from New York not later
December II.
Mr.. McClcnncn closed the Argument
for the government IN an address Of
n little more than an hour He laid
down the principles under the Shcr-
man law under which the government
Is proceeding.
The sherman antitrust act. ne
said. lis not limited ln Us prohibition
OF monopolicsi % is not necessary 20
show an annihiiation of competition.
II there is a. direct, substantial re-
straiut OF competition that is suth-
Client for "a decision under his law.
The cfcct of the competition II
tho Atchison. Topeka q Santa Re or
the california traffic Is iuconslderablc
compared with the eject Of the
southern Pacific and tho Central Pa
clnc. now under one control. The
most powerful competition OF Tn
Southern Pacific Is entirely suppressed
aM HL..aa 80. ~. Z.sasH.n. n...H. L.NHa
the Central Pacific
Judge Hook asked b. the extensions
OF the Southern Pacific system rec
comfy built or under construction
were built boy the southern Pacific and
the Central Pacific as different cnti-
ties.
Mr. McClenuen turned Co the map
and explained that with "a few oNcep-
lions the two systems could h, severed
without dcpriyiug either line 81 COM
ncctious over It's own tracks with ex-
tensions.
Returning foo q discussion OF th,
auu-trust IaW. Mr. McClenuen said
"a peculiar feature. OF this case b.
that the merger OF the Central Pacific
aud southern Pacific Is 20 violation of
the Pacific railway lHws-the laws
under which the Central pa.ific and
Union Pacific were built. This cou-
sideratiou-thc violation ef the P9-
Elf. railway AVS takes away uny
consideration fhut might otherwise DE
given 90 the fact hat the .umbina-
tiou was effected prior Zoo tho passage
Of the antitrust law 900 1890.
1.-The Pacific railway laws provided
hat the line from Omaha tu san
Francisco bay should Doe operated as
one line 10 the agents of tina Cen-
rtll Pacific solicit business for tho
III PasO gateway instead OF tnc ogden
gateway hat constitutes a violation
OF the Pacific railway law. q dlscrim-
iuatlon against the line from Omaha
Co ogden.
In fact The Pacific railway law.
would be violated n me- discrimination
was proved when e. rival luo-thc
Southern P3oifO-ubtnins the Central
Pacific, d Is impossible FOR the Gem
tfal Pacific and the Union Pacific 60
be- operated as one line and cohesion
becomes Impossible cyr though j.
were not possible 90 put tho ringer ON
specific Instance of discrimination
PRESIDING Judge sauborn asked Mr.
McClrunen Go go more rJIly into the
contention ot the railway dttoTnoys
that the prosecution was barred Iy
reason of tho settlement OF .hc cen
tral Pacific debt Co the government.
This BE- a. criminal proceeding
said Mr. MeDlnnucu, "a proceeding t0
prevent 10 violation " law NO guE-
eminent official. not even tho pres.-
dent, can make any arrangement with