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Show S. P. COUNSEL II REVIEWS CASE ,1 Peter F. Dunne Continue! Closing Argument Against I Separation of Southern l and Central Pacific 1 Lines. j I H ROAD COMPETITION I Ogden Gateway Gets More llM Business East Than Sunset it fl ' Route Government's I fl Contention Untenable. I fl St. Louis. Mo., Dec. 3. Arguments I ifl In the government's suit to separate 1 ?fl the Central Pacific from the Southern 1 fl Pacific railway wore resumed before I Ifl three federal circuit Judges here to- .j fl day with the expectation that they 9 fl would be finished before night Peter IMffl F. Dunne, who began the closing ar- ! I nfl gument for the railroads yesterday, fl'Sifl continued it todny. Edward F. Mc Klfl Clennen prepared to follow him with Hfl brief rebuttal for the government. Hwffl Peter F. Dunne In his argument ISfl for the railroad today developed tho iEfl Idea that the Southern Pacific line IhH from San Francisco south and then fflfl cast to New Orleans, was in reality . I fl built by the Central Pacific 1 fl "It was the logical, slow develop- I -fl mont of the Central Pacific system," fl he said. "As fast as the lines were ifl built a few miles they automatically ;fl passed under Central Pacific control ( fl by lease. )fl Government Encouraged Development. : Ifl "The government encouraged this ,fl development by giving a land grant. ' ifl The original Intention was that the ifl new lines of the Central Pacific ' ifl should meet the Texas and Pacific at Ifl Yuma, Ariz. The Texas and Pacific 1 fl fell down on the plan and the South- I fl ern Pacific was extended on east. 1 fl "These lines always were a part i 1 ,-9 of the Central Pacific system, though III under another name. According to IBB the government counsel the 'day of b9 wrath aud judgment' was in 1S99 when the Southern Pacific, as a part jflfl of the arrangement incident to the HI settlement of the government debt. flfl took over the stock of the Central jH Pacific." jH Dunne Discoseefi Competition. HI Mr. Dunne developed .the. argument B he began yesterday relative to fll competitive couditlons. He called at- Bl tention to t.e interstate commerce HA law which authorizes tho Interstate flB commerce commission to order AH through billing and joint rates over IB A connecting lines and gives the ship- SI A per the right to route his frelgiit. if9 "Practically all freight is routed by QeA the shipper," said Mr. Dunue. HA Solicitors for Ogden Route. HA "There aro fifty-nine soliciting KA agents in the east for the Atlantic HA I seaboard business to California by B A the Ogden route; there are forty-six A A soliciting agents on the Pacific coast AH for the eastbound business by way . flfl of Ogden. Yet the government would have the court believe that a vast dlf- Ifl ference in competitive conditions Ifl would be created if the Central Pa- mm cific were wrenched from the South- ilifl cm Pacific, and an additional solicit- H ing agent installed on the Atlantic MM and on the Pacific seaboards." 9 Discussing the Nevada ?"sinefa HI oastbouud.'Mr. Dunne said that 563 tons of Nevada business went annual- H;H lv bv tho Sunset route and 72,120 tons HH ny me uguuu !" . HSH Ogden Gets Most Business. ) On Atlantic seaboard business from jfffl tho west he said 140,000 tons we at fflH by the Ogden route. 37.000 tons by the M Sunset-New Orleans route, and 13,000 BH tonB by El Paso and Rock Island ItH CbOf westbound traffic from the At- Ifl lantlc seaboard, 60,000 tons go by RH (Wen, ho said, 41,000 tons by the 9fl Sunset-Gulf route and 14,000 by tho H9 Rock Island-El Paso route. Ifl "And yet we are told." he eon- Ifl tinued. "that tho Southern Pacific Is WDDreVsinB competition by the Ogden Kfl gateway blcauseP It owns the Central H Pacific." K9 Sherman Law Does Not Apply. , Discussing the application of tho HH Sherman law, ho said that he did not understand that the courts were Jin- SeY obligation to add to competition U when competition already existed. U Suit he did not understand the courts were under obligation to put an ad- M diUonal railway soliciting agent in H the east, and an additional solicitor H in the west, when there already is H sharpcompotltlon for tho transconti- H nental traffic. jfl |