Show if SA NT A Ff IES 1 ANY Files Answer in Action Brought by the Government I GIVES INTERESTING FACTS 1 L STILL IN FIELD AS COMPETITOR FOR TRAFFIC T wf k J The Atchison Topeka Santa Fe Rail Railroad Railroad Railroad road company filed its Ita separate answer yesterday In the he suits s so soT T 1 called brought by the government against Harriman lines the Hill lines the Salt Lake Route and numerous Individuals Im The Tue Santa Fe was granted additional time in which to answer The Tue answer of ot the th Santa Fe while necessarily necessarily necessarily more or 01 less voluminous is quite direct In its assertions and dentals denials den Tho The f j 4 answer says that It is stranger to a great j ii many of the subdivisions of ot the bill filed tiled by the government nt and therefore rests content to await the proof of ot the tho com corn complaint plaint In those points which It does answer tho the Santa Fe there has been any nn conspiracy on part with tho the Union 4 Pacific and Southen in the fixing of at rates or the division of business I that the directors on Its board chosen at atthe atthe atthe the suggestion of Harriman represent neither T the Union Pacific nor the South Southern Southern i ern em Pacific that it believes that Henry HenryO Henrye O V Frick and H H Rogers the tIto directors I 1 have conscientiously C performed their du do duties 3 ties as directors on behalf of the Santa I Ke Fe and that they have not divulged the I affairs or the business of the Santa Fe Feto FeI e eto I to th Union Pacific or Southern S Pacific I that the arrangement with the San Pe Pc Pedro Pedro dro Los Angeles Salt Lake road where whereby whereby whereby by the latter atter uses certain of the track age ag In southern California was not net made at Ithe I tho behest of ot Harriman but was the result rt action on the tho part of th i Santa Fe directors rs because It brought In evenue that the th Santa Fe Is in com corn with willi the Union Pacific and South Pacific that It 11 Is true that some of o the Santa Fe and some owned the Southern Pacific In California were organized or under tho the name of the tho Pacific Northwestern that the stock in this is held equally equal by b the Santa Fe and the Southern Pacific that Instead of being belna a destroyer of competition It has made it 11 Impossible for the Southern Pacific to maintain a monopoly of the business north nor h hot of ot San Francisco bay that it did not maintain a Pacific steamship line from fromi i San Diego Chicago to Tidewater 4 I The answer says that the Santa Fe has lines Jines from Chicago to tidewater in inthe Inthe inthe the harbor of ot San Diego It touches the Union Pacific at Kansas City CIt and to a certain extent and in connection with other lines it has baa been a competitor of the Union Pacific and Southern Pacific for lor certain traffic from the Pacific and also from the Orient and also In connection c with steamship st lines to and front from various points In the east and the Mississippi valley alle and in Colorado and other Interior states but largely largel by IW means of ef f connecting lines of other rail railroads railroads railroads roads It is admitted that the tracks of the Santa Fe cross the continent between those of the Union Pacific and Southern Pacific and denies that until the th con construction construction construction of the San Pedro Los Angeles Salt Lake Lako railroad It was the only direct t outlet to the east by b rail from territory along alon the thc Pacific coast touched by it at atI I San ian Francisco Los Angeles and San Di Diego DIego I ego and denies that it was the only out outlet p let It Id by b rail rat to the east from all the terri tern territory territOry tory along alon the Pacific Pat coast south of Port Portland Portland Portland land to the tho Mexican border other than the lines of the Union Pacific and South Southern Southern ern rn Pacific On the contrary It avers that there were other lines connecting with th the Southern Pacific south of Portland which formed an outlet to the east No Jo Steamship Lines It is denied dented that the Santa Fe FI for a number of or was e p aged in operating operating operating ing a line lino of to Oriental ports from San Diego I Denial is made that Harriman secured to the th Salt Lake Route the use of certain tracks In California On the contrary It avers through the direction of oi Its own directors it voluntarily granted I rights that is the right to the Salt Lake Route to operate Its trains over overa oora a portion of ot the line This was done be because because because cause it was advantageous to the Santa SantaFe SantaFe SantaFe Fe Inasmuch as it 11 derived a revenue from tho the arrangement r The answer admits that In th year ear lOOt 1304 Harriman represented to certain officials official of or the Santa Fe that he and other indi individuals vl associated with him had secured shares of ot stock of or the Santa Fe and stated that he thought that their in tere ts should be represented in the rate but but It Is denied that Henry Henr C Cf i f rick joined In or made representation or to this effect The Santa Fe believed that at the time Harriman made the statement the defendant Frick had not purchased any stock but that all shares hares subsequently bought by him are held neld individually as an Investment v Drew the Line The 1 h officials stated to Harriman that they not be willing to admit rep representatives represent representatives resent of the Union Pacific or F and that Harriman po JC assurance that neither the Pac nor the Southern Pacific had lad any in rest in the stock purchased by jy himself and associates as investment By reason of br the fact that under the cumulative system m of voting provided by bythe bythe i ithe the laws of or Kansas Harriman by virtue of the stock held bV b himself and proxies which he might would probably have been able to least two directors directors tors and therefore the S Santa nta Fe officials agreed that Harriman might have two directors who would be satisfactory but who should not be representatives of o the Union Pacific or the Southern Pacific As Asa Asa a result of this decision on Feb S 8 1903 1905 1 Frick and Rogers were chosen The Santa Fe is satisfied that the Union Pacific through neither Frick nor Rog Rogers Ro Ito ers era has had knowledge of Its affairs or business The Santa Fe believes that Rogers Rogera and Frick Jo have haye voted as direct directors ors ens of ot the company conscientiously It ItIs ItIs Itis Is denied that Frick or Rogers united themselves with Harriman In any con conspiracy conspiracy conspiracy It Is set out o t that Rogers holds shares thares of Santa Fe Fc stock Frick Harriman 2500 and Kuhn Loch Loeb Co Not Net on en Behalf of Union Pacific The answer says sas that the Santa Fe docs doca not know that any of the tho stock was bought for or on behalf of the Union Pa Pacific Pacific no stock has ever appeared on its records record In the name of the Union Pacific or associated companies It is denied that competition has been eliminated and It Is asserted that the Santa Fe was not Induced by b Harriman to abandon extensions or additions to its lines In tn California Certain lines hines of the Santa Fe F and of the Southern Pacific were transferred to the Northwestern Pacific Railroad com corn company company pany pany the tte t e Santa Fe and the Southern Pacific each owning These Thes transfers were made under the laws o California and for the purpose Of afford affording affording ing better b facilities to northwestern Cal California CalIfornia CalIfornia The consolidation did not de dp destroy destroy stroy competition but on the contrary prevented the Southern Pacific from hay hav having ha haing haying ing a monopoly of the territory north of ofSan ofSan ofSan San Francisco bay It is asserted that the Santa Fe Is not operated In harmony with the Union Pa Pacific Pacific rifle or Southern Pacific under agree agreements ments merits or understandings as to rates ates or divisions of business The answer de denies denies nies all manner of unlawful combination combination tion or confederacy The solicitors for the company whose names appear on the answer are ale Gardiner Lathrop and Robert D Dunlap Parley L 1 Williams filed flied the tile document |