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Show APPEAL Government Not Satisfied : With Deci:i in of Circuit .Jae. , SLXTY.TW0 ERSOnS . OF CCUaT ALLUCID Famous Railroad Case Will Co to Supreme Court cf . United States. sTh uBrm ooort of thi United tats will render th final opinion en) -th famous marc r salt of tha gorsro. mant against th Union Pacific EaUroad company and others, . known aa h "Karrtmaji merger" suit. ' i Appeal papers In th caa war filed today with J. B. Latch r, clerk of th; fadaral eoart for Utah, by th government. govern-ment. 1 It to zpctd tha th opinion opin-ion of tha uprm eourt wUl no b banded down for at least a year. ' Tha suit waa filed in Halt Lake Citv,' February 1, 1908, by Hyrum E. Booth, United States distriot , attornev for Utah, though C. A. Severance, special assistant as-sistant attorney general, really prepared the caae. ' It waa directed aeainat tb Union Pacific,- th Oregon fcnort Line, th Oregon Kail war A navigation company, com-pany, now th Oregon-Washington Rail- ' road 4 Navigation company, uie South-era South-era Pacific, th Han Pedro, Loe Angele k Salt. Lake Railroad eompanv, th Atchison,. Topeka A Santa 'e, th Northern - Pacific, the' Great Northern, the Farmera Loan and Trust compsnv, Edward H. Harrimaa, Jacob H. frb.T, Otto H Kaha, James Stiiiman, Hnry ' C. Roger, Henry C Frick and Wtluant A. lark. With th exception bf Mr. Clark all of the individual defendanta wer members mem-bers of the board of directors of ore or mer of tb Harriraan line. Mr. Clerk waa, nd atill is.' president of tb halt Lake rout. On November II, Mr. Harnmaa died and Judge Robert 8. Lovett, as chairman of the executive board of th Harnmaa lines, waa mad a party defendant. . Charge Bastralnt f Trajd. , It was charged ia th complaint of tha government that th "merger" of th railroad companiea named led to "unlawful ratraita aad -monopolies" and in violation of tb Sherman anti- trust act. - Hearings wer held at Salt Lak City and many other railroad centers of th nation bafor special examiner. Th hearing in Salt Lake Citr waa commenced oa April 17, ltfOA, wsea a soor or mor witnesses war summoned sum-moned to testify. After th testimony wss prepsred by stipulation th eas was referred to they judge of th t eighth circuit for decision. Argument ' waa heard aad oa Jon M, 1911, that court banded down ita opinion. Three of th foar judg decided against tb fovernmeat. They wer Walter H. , a a born. Willie Vandeventer and Elmer B. Adams. Judg William C Hook filed a dissenting opinion. Sine hearing tha ease Judge Vandeventer Vande-venter haa been appointed a member of th supreme court of th United State and he will, therefore, b barred from the consideration of tha ea whan it com before thst court. Alleg Blxty-two Errors. Tb appeal filed br the government In Salt Lake City today, and which ia -signed by Special Attorney Severance aad H. E. Booth, ia baaed oa sixty-two alleged error of the circuit eourt judges, who handed down tha decision against the government. Th order for the appeal ia signed by Judg Sanborn. Several yeara ago tb government filed a eimilar nit against tb Northern Seeoritie company, Jame J. Hill. Edward Ed-ward H. Harriman aad number of others. In this raa th government won ita auit aad tha merger waa sup-, posed to hav bea dissolved, though it is claimed in . certain quarters that it, ia as strong or stronger todsy than it was before the action was brought. . Ia the opinion handed down by th majority of tho eourt in th as against th Union Pacific aad others, the court held that there waa no evidence evi-dence that tha Sherman anti-trust law had been violated; that tha railroad companies named aa defendanta war' aot parallel nor competing lises. aad therefor could aot be operating In re atraint of trade nor have a moaopoly' on the bnaines, they wer handling. (Continued on page 12.) APPEAL I (( ontinued from psge 1.) ; ! Among the errors specified by t hs i (Coversment in its appeal of tbe case are many concerned with what are eompetinj lines, and others concerned! with stock dals among the railroads themselves. It is contended thst tha court erred in holding thst the Union Pari fie win not a line competing for trade with the Southern Pacific together with tha tatter's steamship lines connecting; in holding; that the purehaee by tbe Ore-gone Ore-gone Short Line of a 51 per eent of the stoek of the Halt Lake route was not in violation of the law; tbat the purchase bv the I'nioii Pacide or the Oregon Bhort Line of w majority of the stock nf the Northern Pacific waa not in violation of the law. Rtmllar al'egattona are made with reference ref-erence to the circuit court b findings In regsrd to purchaae In the stock of the Santa r"o. the Phoenix a ralern. to the formation of the Northwestern Pacific Kallwav company In California. In which Southern Pacific and Santa Fe have each a one-half Intereet: In holding Hint the Portland and Asiatic Steamship company la not competing with the 8outh.-rn la-clflc la-clflc Htesmslilp company's lines In oriental ori-ental trade, that the Harrlman ateam-ahlps ateam-ahlps between Portland and Kan Pran-olaco Pran-olaco are not fitted to take part In rans-contlnental rans-contlnental traffic; that E. H. Harrlman had reallv attempted to buy the olj Central Cen-tral Pacific before hla purchase of Kouth-em Kouth-em Pacific, and that a number of dcala made to gain control of Ihe Biir'lnitton were not made to atave off compel iik-n, -n j u . i- r.. .he erfecl nf the .n- peal. If the aupreme courtschocsee to consider con-sider It on sll the grounds submltte.1. -lil bring practically every fladlnt t fact by the circuit eourt Into 'lueatlon again before the hlgliest trlhunal of tha land. |