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Show ARGUMENTS END II GOVERNMENT UNMEHGER SUIT Briefs Will Be Filed Dec. 18 and Court Will Then Consider Con-sider Dissolution of the Southern Pacific. ST. LOUIS. Pec. o. Arguments wore orj'-ki-tcl la to tu.hiy in the ca.se of the government to separate the Centra Pa-i-ifie rYoni the Southern P.kUu; railway. ar..l when the mu:l briefs are tiled on Monday. Deeern'uer 13, :he three etr. 1 1 L j judges who h-t:'i ;.ie arr.meuts ill be- gin final consideration 01 tlei pi-tilion i for dissolution of the Southern Pacific svstera. Those jud:ps are Walter H. fc-aiihorn of St. Paul, William C. Honk of Leaven-orth, Leaven-orth, Kan., and John E. C'arhuid of Washington, D. ('. The entire afternoon t-esoion of th i ourt was occupied today by IMv-avd V. Met iennen, attorney for the government, govern-ment, in his argument- .n rebuttal oL the arguments ma do bv the atioriiey. for the Southern Parii'ic. "If it is shown in the evidence."' asked Presiding Judge Sanborn, "that the tounagc over the Central Pacific is a? great now as it would be if the roads were separated, should the court -on-sider that fact in reaching its conclusion?" conclu-sion?" Impossible to Decide. "Xo." replied Mr. McCleniion. "for how can the court decide whether the tonnage now is as great as it would be if the Central Pacific were a ci -a rale linef "If the court finds that no harm has ben done by the Southern Pa.-ific ownership own-ership of the Central Pacific." continued con-tinued Judge Sanborn, ''how then can it find That harm will be done, how can ;t grant an injunction?" To this question Mr. McClenne.'i replied re-plied : " Cnder the Sherman anti-trut law the power to do harm is the evil at which the statute aims. If the power to do harm exists because of the Southern Pacific ownership of the Central Pacific, Pa-cific, that i? the vital facti to be considered. con-sidered. ' : Mr. McCIprjnen insisted that there was no inconsistency in the position of the government in the Union Pae:t dissolution -a?e and in the preent case, and that the supreme court held that the vital factor in the Union Pacific merger was tho ownership by one company com-pany of the Southern Pacific and the. .Central Pacific Hues. "The fact that the Union Pacific is competing for business through the Og-don Og-don gateway is nut the vital point.'" said Mr. McClennen. "The vital point is that the Centra) Pacific, because it is owned by the Southern Pacific, is not 'ompeting for business through the Og-den Og-den gal ewny. ' " Nor is the government estopped from redress in this case, because it did not. in the Union Pacific case, seek a separation of the Central Pacific from the Southern Pacific. The Union Pacific Pa-cific suit was directed against one corporationthe cor-porationthe Cuion Paeif if company a nd sou glit to dost roy the monopoly which that com pauy had over the two great routes of transcontinental travel. "This suit is directed against another an-other company, the Southern Pacific, and seeks to destroy the monopoly which this company has over traffic i throuch. the Sunset and Ogden gate- j ways. ' ' Dunne's Argument. pet it F. I'M mi ne in his aigument for the railroad today, developed the idea that the South Pacific line from San Francisco south and then east to New Orleans was. in reality, built by the Central Pacific. "It was the logical, slow development of the Central Pa'iiic system." he said. "As fast as the lines were built a few-miles, few-miles, they automatically passed under Central Pacific control by lease. ''The government encouraged this development de-velopment by giving a laud grant. The original intention was that the new lines of the Central Pacific should meet j the Texas & Pacific at Yuma. Ariz. The Texas & Pacific fell down on the plan and the Southern Pacific was extended I on east. ' These linns always were a pa rt of the Central Pacific system, though under un-der another name. According to the government gov-ernment counsel the May of wrath and judgment' was iu WO, when the Southern South-ern Pacific, as a part of the arrangement arrange-ment incident to the settlement of the government debf . took over 1 he stocK of the Central Pacific." Mr. "Dunne developed the argument he began yesterday relative to com-netitive com-netitive conditions. He called attention to the i n t e r t a t e commerce I a w v h w h authorizes the intertate commerce eem-missiou eem-missiou to order through baling and joint rates over connect ing l: u.v, and gives the shipper the right, to route his freight. "Practically all freight i routed by the shipper." said Mr. Dunne. Nevada Business. "There are fifty-nine sobciring agents in the ea-t for the Atlantic s'-nl-eard business to 1 aiiiornia by 'he Cgden mute; there are forty-six t-iiici;iig agents on the Pacific coast fm 1 lie c-ast bound business by wa v of 'd'Vi. Yet the government would hnve the court beiieve that a vat difference iu competitive conditions would be created if the Centra) Pacific wore wrenched 1 1 oni the Southern Pacific an 1 addi-"ional addi-"ional siliciting agents installed on thr Atlantic and on the Pacific seaboard?." Discussing the Nevada bu-dne- eastward. east-ward. Mr. Dunne said that .")." tons of Nevada business went annual'y by the Sunset route, and 72,1 2D tons by the Ogden route. Of the Ajlantic seaboard business from the w est. he said. Din. 000 tons went by the Ogden route. :t 7,000 tons bv the Sunset New Orleans route, and lil.OOO tons bv Fl Paso and Rock Island chiefly. Of ' eastbound traffic from the Atlantic At-lantic seaboard. OO.ooo tons by Ogden. he said. 41.000 tons bv the Sunset-Gulf route and H.oOO by the I? nek Island-El Paso route. ''And yet we are told," he continued, " that the Soul hem Pacific is suppressing suppress-ing competition by the Ogden gateway becnuse it owns the Central Pacific." Discussing the application of the Sherman law, ho said that he did not understand that the courts were under obligation to add to competition when compention already existed, that he rib! not understand the courts were under obligation to put an additional railway soliciting agent in the east and an additional addi-tional solicitor in the west, when there already is sharp competition for the transcontinental traffic. |