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Show ME MERCER CASE TO SUPREME COURT SALT LAKE, Sept. 10. Giving bIx-ty-two alleged errors of the circuit court of tho Klghth district, the government gov-ernment through its special attorney, I C. A. Secrnnce, filed its notice of ap- peal to the supremo court of tho United States yesterday in tho famous fa-mous "merger suit" of tho United StateB agaln3t tho Union Pacific Rall-ioad Rall-ioad company and otherB. Few railroad suits In the hlBtory of the country have attracted raoro attention than this one. On the final decision of tho Bupremo court of tho United States depends the attitude U11U UlLUiU JUIIUJ Ul UVtlJ IUIIIU1IU IU the country that may be charged with having entered Into .in agreement with another railroad company In xlo-latlon xlo-latlon of tho Sherman anti-trust law. Tho testimony In the caso already covers more than a thousand pages. Hearings were had at Salt Lake City and other cities before spoclal examiners, ex-aminers, after which the testimony was transcribed and finally submitted to tho circuit court for decision. In an opinion handed down on Juno 24 three of tho four Judgos of tho circuit court decided against tho government. gov-ernment. They wore Walter H. Sanborn, San-born, Willis Van Devantor and Elmer B. Adams A dissenting opinion was filed by Wllllm C, Hook. Since the argument In the case was made before tho circuit court Judge Van Devanter has been appointed, a member of tho supremo court and will therefore not sit in tho case when It It heard beforo the highest tribunal of the land. Appeal Announced. As soon as the advorse decision was handed down, Spoclal Attorneys Severance, Sever-ance, on behalf of tho government, announced an-nounced that tho case would be appealed ap-pealed to the supremo court. The appeal ap-peal papers In the case wero filed with J. R. Letcher, clerk of the federal fed-eral court for Utah, yosterday. They will not be filed with tho clerk of the supreme court for at leaBt a weok or two, and It Is not expected that the decision of that court will be- handed down for at least a year. Tho suit was filed In Salt Lake City February 1, 1008, by H. "E. Booth, United States district attornoy for Utah, through C A. Severance, special assistant attorney genoral, really prepared pre-pared the case. It was directed against tho Union Pacific, the Oregon Short Line, the Oregon Railway & Navigation Naviga-tion company, now the Oregon-Washington Railroad &. Navigation company, com-pany, tho Southern Pacific, the San Pedro, Los Angelos & Salt Lake Railroad Rail-road company, the Northern Pacific, tho Great Northern, the Farmers' Loan & Trust company, Edward II. Harrlman, Jacob H. Schlff, Otto H. Kahn, James Stlllman, Honry d Rogers, Henry C. Frlck and William A. Clark. With the exception of Mr. Clark, all of the Individual defendants wero members of the board ot directors of oile or more of the Harrlman lines. Mr. Clark was, and still Is, president of the Salt Luke Route. On November Novem-ber 9, 1909, Mr. Lovett, as chairman of tho executive board of the Harrl- (jjR' man linos, was made a party defend- CHL Violation Alleged. fjl It was ch&rgod In the complaint of jj J the government tha4- the "merger" 'jl of the railroad companies named led 1 to "unlawful restraints and monop- V '1 olios" and In violation of the Sherman h anti-trust act. "?j The order for the appeal was signed 7 by Presiding Judgo Sanborn on the caso on September 5, but did not ; ff reach Salt Lake until yesterday j I In addition to a number of special government attorneys, some of tho j? J bc3t railroad attorneys In the country .; If took pRrt In thq various spoclal hear- Ml Ings nnd tho arguments before tho circuit court. The government attor- U noy8 argued that tho case was slm- , I lar to that of tho Northern Securities 'i companies, Jamca J. Hill and othors, tB which was filed several years ago m pnd which was won by the govern- E ment, though It Is claimed by somo I that the alleged merger is stronger jp today than it ever was W , , WW |