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Show ALLLUyu Hi illL BLRllLK Famous Prosecutor Argues Ar-gues for Segregation of liarriman Rpads St. Paul. Oct 1 3. Frank T. Kelloj:;, who prosecuted the Standard Oil company com-pany In one of the most famous legal battles ever waged In the United . States courLs lo.lay stiirled a cam- I iain of law and fact In the Union 1'aciMc merger case which has occupied occu-pied the attention - of the federal bench of the eighth judicial court binco last Monday. Every available seat In the court room was filled wbtu the four Judges took Uieir places on the bench ' Mr Kellogy's ariiment was teeh-nfeul teeh-nfeul in the extreme. He pave frh.irt answer to the arguments of L K. Watson, who preceded him and aborted ab-orted that II. C. Frick, ono of the individual defendants, had In no w-ay b'.en a party to the conspiracy alleged in the bill to monopolize the irans-purtaion irans-purtaion facilities from the ea.st to the Pacific roast Mr. Watson s-aid Mr. Friek acted an Individual, and not as a representative rep-resentative of the Union Pacific, when the alleged purchase of 30,0no shares of Sante Fe stock was consummated. consummat-ed. Mr. Kelloyg contravened every point made by Mr. Watson and read i rum the record to show that Mr Frlck's name was identified in every instance with the other Union Pacific directors, who took part as individuals individ-uals In the ' purchase of the 30,000 shares. Mr. Kellogpc then Mated that through this argument he would deal primarily with three distinct prOo sitlons : 1. The suppression of competition competi-tion between the natural competitors competit-ors Is prohibited by tho antitrust act. 2. Competition between rallroa Is naturally competitive Is the settled policy of the nation. 3 Tho ownership by one railroad of the. mock or any part of the stock, of a competing1 railroad is in suppression suppres-sion ot competition and, therefore, Is suppression of trade and commerce. Mr. Kellogg's argument was directed direct-ed to prove that the Southern Pacific Pa-cific and Union Pacific were natural competitors and were In fact competitive com-petitive before the merger; that, if the Union Pacific did not dominate the Southern Pacific by virtue of stock ownership, the two roads would now be competitive. |