Show ERGER SUIT FIRST FILED J IN LOCAL FEDERAL COURT t Attorney Booth A ted for fort I t 1 Government in Originating I Case Cas Ended Yesterday 0 1 i History of Merger Suit 1 0 Y 1 Petition filed At t Salt Sail Lake February IDOS 1903 t 0 Testimony tn taken n before examiners In nearl nearly all large cities clUes of or the 8 country coverIng coverIng- a period of or more than tan twelve months Decision in favor or of or defendants rendered b by circuit court J oo no illegal combination existed Government appeals appeal to supreme court Supreme court coart decides that al merger Q exists Union Pacific or ordered or- or dared dered to dispose of ot Southern Pacific stock within three months Circuit f court charged c with carrying out provisions of ot supreme court decree decree and an aud t If not nut carried out within three months month to appoint a receiver rc Separation of ot Interests In Union Pacific and Southern Pacific New V Orleans Los Angeles San fian Francisco and ond Portland line Une made man mandatory atory Circuit court permitted t 10 o allow combination of or Union South Pacific ern era Pacific line from Omaha to San Francisco A 0 v Union Salt Pacific Lake Route combination held legal Ie U 0 No fault found foun with status of Union Pacific with Santa Fe or Hilll Hill l' l nee thies i x Union Pacific law Ill officials eay Ij ay retention o of line from Ogdon Ogden to San V Francisco means much to them Announcement mado ado that work on out out- i 0 tined lIned improvements such as ns double tracking double ln of ot Central Pacific will go ahead ah ad V Government victorious In decision that illegal megal combination exists In InU U restraint of trade through Union Southern Pacific Pacific combination Q and order to separate these Interests Interest t fTH THE decision handed down 11 yc by the supreme court of or the United States in the tho harriman merger ca case cate e eus was us on n a case iii in which t the he original petition was filed in the thc United States State court in iii Salt Lake Lal c by hy United States District Attorney Hiram E. E Booth acting under the direction of Attorney t 1 Charles Chades J. J Bonaparte whose name was also attached d to the papers along with those of Milton Milieu D. D Pur Purdy y assistant attorney general and Frank Prank B. B Kellogg and C. C A. A Severance cr special assistants c Defendants named iu in th the suit were the union onion Pacific Railroad company I lie nt Oregon Short Line Railroad company the Oregon Railroad Navigation i a on the thc San Pedro Los Angeles Salt Lake Railroad company pany the Atchison Topeka Santa Fe Railroad company the Southern Pacific corn com Pacific Great corni corn com Pany the Northern Railway 1 i liany Loan LORn Trust Edward II Harriman Jacob H. H Otto OUo IL 11 ball ahn James Henry II Hu er Henry Irick Frick LT t and l William r 11 1 u lU ll iLl 1 MOt More than a a. score acore of or Salt Lake lae busl- busl hf men rne were witnesses some of ot 1 them theniA A ring iff m most st Important testimony In case Nearly early all of oC them were connected conI cona con con- a I ct d with the Commercial club traffic tic fIe bureau Among them wore the w. w 8 P. P McCarthy St ph 1 It if Babcock D David Eccles Stephen If 11 t lAve kove Joseph A. A West Vest eM Kenneth J err George x N. wrence Joseph Oglesby Fr d I D n. n Jo Joseph eph W W. Summer Summer- 1 aI Charles D. D Moore r. A W. W niter J j G. G McDonald C C. K Il Murphy Murph C C- CC C G. Goodwin Orson Olson D D. George c J I Merrill Frank S. S Murphy lUt and D D. D C. C jl clU Tile The hearing In Salt Lake ral c began began be be- gan s-an April 27 i. i 1909 Testimony In the case was wa most voluminous t sessions lJ being held In many of or tho the mot mout Important Im Ira- CIties in the tho country The Salt Ial Lake testimony had hall large laise- lal el e- e I l I Jy h to do with conditions of or railroad competition before the merger lack o of or competition following the combination com coin I Llon brought about by 1 late te E. E JI lI Harriman part of or the brought out I in the the- theall Salt all Lalo 10 had hall to d do dJ with lh the ft fight l between et een the Oregon Oreon Short Line and tho the Salt Lako Route which ond ended d when W. W A. A Clar surrendered cur cur- rendered control of or th the road between hutt Continued on Pac c 34 3 Column 8 V. 8 BIG G MERGER Sun SUIT a FilED IN LOCAL FEDERAL COURT District Attorney Booth Acted for Government nent in Originating ing Case Ended Yesterday Continued From Page One Salt Sall Lake and Los Angeles to the Harriman Har- Har riman Interests and entered Into lUte an agreement not to extend his hla linos or orto orto orto to build or to assist any one els else to build any extensions In Utah north of or ofa ora a line Une running east cast and west through Salt lt Lake Tho decision of ot the iho Supreme su supreme su- su preme premo court holds that the acquisition of the Salt Lake Lalta Route b by tho the Barr Harrl- Harrl I- I lines was not Illegal This ruling Is taken to meats mean that the old agre agreement ment between the Oregon Short Lino and the Salt Lake Lako H Route ute will m remain In effect This Clark- Clark Harriman agreement signed July 9 9 1902 provides that the tho Salt Lake Lako Route will not build any riny branch lines or as assist as- as slat In an any ana way wy a In lu the building of or an any now lines north of ot Salt Sail Lake and on the other hand th the tha Oregon Short Line has lias covenanted not to build any lines Into Utah territory south of Salt Sall Lako Lake Carrying Out of If Decree Tho The carrying out of ot the decree leCCO 0 of tho supreme court will be In the tho hands of or tho the circuit court of or appeals which according to yesterdays yesterday's decision re retains retains re- re jurls Jurisdiction Judge Judg-e John A. A Mar Mar- sisal United States ju Judge ge for tor the tho dl district dis of oC Utah was until ono one year ago I agoa a a. Judge of tho tim circuit court as us well as asa asa asa a district Judge Legislation effective effect effect- lye ive January 1 1912 however abolished abolished abolished abol abol- the circuit court creating the tho circuit court of or appeals in III Its place Tho The railroad merger suit was argued before this court and It will be In tho han hands s of or what Is now the tho circuit court courtot of ot appeals for tor carrying out the decree Officials of ot the Oregon Short Line declined declined de de- de- de lined last nl night ht to comment ent on tho the decision F. F H. H Knickerbocker assistant assistant assistant assist assist- ant general manager said that the Oregon Oregon Ore Ore- gon son Short Line Lino would not be appreciably appreciably affected b by the decision for tor the reason that th the i question of or stock t ck ownership own own- wn- wn Involved In tho the suit had no connection conn con con- n with affairs of ot th the Short Line P. P L L. Williams general counsel for tor forthe the Oregon Short Line Line Lne said that ho he did not riot wish to comment on the matter mattel until he was wa ful fully Informed regarding all sll details of ot tho the decision Contention Conf of If Government The government charged cd that through combination of ot Interests from the so called Harriman Interests gaining gainIng gain gain- Ing control of the stock of ot other railroads railroads rail rail- roads the combination Wn was In restraint of or trado trade and Interstate commerce forbidden forbidden for for- bidden b by th tho Sherman antitrust law lau The government contended that through the tho combination effected tho the Union Pacific railroad had acquired control of ot other railroads that formerly formerly for for- merl merly merler were er itt Its competitors and arid had therefore brought about a monopoly In transcontinental transportation The decision holds against the ownership of ot the Southern Pacific by the Union Pacific In this however tho the name Southern Pacific moans means me ns tho the lino line from New Orleans to Los An Angeles Angelos elos and northward rd along tho the coast to San Francisco Francisco Francisco Fran Fran- cisco and Portland The Tho Central Pacific Pacific Pa Pa- commonly known In Utah as the tho Sou Southern thorn Pacific between Ogden Ogdon anti and San Francisco Is not ruled a against b bytho by bytho tho court which hold holdt that tho the Union Pacific Is within the tho law In acquiring Oslo one direct line from tho the Missouri river to San Francisco 31 In ny Retain Central Pacific The supreme court directs the lower tribunal that there Is nothing In the decision of at the higher tribunal which h shall ahall prevent the circuit court from permitting tho Union Pacific to retain control o of ot tho the Central Pacific line Une If Ifa Ifa ifa a plan looking to 10 such auch an end and acceptable ac nc- c to th the court Is presented The government ale also alFo o SOUl sought ht to provo prove that the control of ot the Salt Lake Route Houte by hy tho the Union Pacific and Ore Oregon on Short Line Lino was Illegal nl but In this tho the contention contention con con- was not sustained Also the court saw FW no combination with tho the Hill lines that was illegal mega The chief point sustained b uy by tho the su supreme supreme supreme su- su preme court appears to ho bo that the tho Union Pacific railroad from Omaha ha to toO of ot tho the Southern South South- O Ogden den was a a. competitor em ern Pacific from front New Orleans to San Francisco and in acquiring the thc Sunset SunNet route the Union enlon Pacific absorbed a competitor illegally |