U, 5, PRINTING In the District Court of the United States for the District of Columbia
Civil Action No.· 4551
UNITED STATES OF AMERICA, PLAINTIFF v. The ASSOCIATION OF AMERICAN RAILROADS, .John J. Pelley, .Augustus F. Cleveland, Edward H. Bunnell, R.obert V. Fletcher, Ralph Budd, Martin W. Clement, Oharles E. Denney, Edward M. Durham, George B. Elliott, Edward J. Engel, Edward S. French, William M. Jeffers, Duncan J. Kerr, James N. Kurn, Ernest E. Norris, Legh R. Powell, Jr., Henry A. Scandrett, Daniel Upthegrove, Daniel Willard, Frederick E. Williamson, 404508-41 (l) 2 3 George E. Hagenbuch and Harry B. Stewart, Trustees, Henry D. Pollard, Receiver, Oential of Georgia Rail- Akron, Canton & Youngstown Railroad Company, way Company, ..Alton & Southern Railroad Company, Louisville & Wadley Railroad Company, .Alton Railroad Company, Wadley Southern Railway Company, .Norman B. Pitcairn and Franck 0. Nicodemus, Jr., Re Wrightsville & Tennille Railroad Company, ceivers, Ann Arbor Railroad Company, Central Railroad Company of New Jersey, Manistique & Lake Superior Railroad Company, Wharton & Northern Railroad Company, Atchison, Topeka & Santa Fe Railway Company, Charleston & Western Carolina Railway Company, Gulf, Colorado & Santa Fe Railway Company, Chesapeake & Ohio Railway Company, Panhandle & Santa Fe Railway Company, Benjamin Wham, Tr·ustee, Chicago & Eastern Illi Atlanta, Birmingham & Coast Railroad Company, ·nois Railway Company, Atlantic & Yadkin Railway Company, Chicago & Illinois Midland Railway Company, Atlantic Coast Line Railroad Company, Charles P .. Megan and Charles M. Thomson, Trustees, Baltimore & Ohio Chicago Terminal Railroad Com Chicago·& Northwestern Railway Company, pany, Chicago, St. Paul, :Minneapolis & Omaha Railway Baltimore & Ohio Railroad Company, Company, · Staten Island Rapid Transit Railway Company, Chicago & Western Indiana Railroad Company, Bessemer & Lake Erie Railroad Company, · Charles F. Propst, Receiver, Chicago, Attica & South Boston & Maine Railroad Company, ern Raih·oad Company, Buffalo Creek Railroad Company, Chicago, Burlington & Quincy Railroad Company, Burlington-Rock Island Railroad Company, Holman D. Pettibone, Trustee, Chicago, Indianapolis Butte, Anaconda & Pacific Railway Company, & Louisville Railway Company, Canadian National Railway Company, Henry A. Scandrett, Walter J. Cummings, and George Duluth, Winnipeg & Pacific Railway Company, I. Haight, Trustees, Chicago, Milwaukee, St. Paul Central Vermont Railway Company, & Pacific Railroad Company, Grand Trunk Western Railroad Company, Frank 0. Lowden, James E. Gorman, and Joseph B. Muskegon Railway & Navigation Company, Fleming, Trustees, Chicago, Rock Island & Pacific International Bridge Company, Railway Company, St. Clair Tunnel Company, Peoria Terminal Company, Canadian Pacific Railway Company, Louis H. Phettiplace, Colorado & Southern Railway Company, 4 5 Columbus & Greenville Railway Company, William V. Griffin and Hugh W. Purvis, Receivers, Delaware & Hudson Railroad Corporation, Georgia & Florida Railroad Company, Greenwich & Johnsonville Railway Company, Great Northern Railway Company, Schoharie Valley Railway Company, Farmers Grain & Shipping Company's Railroad, Delaware, Lackawanna & Western Railroad Company,. Spokane, Coeur d'Alene & Palouse Railway Com Wilson McCarthy and Henry Swan, Trustees, Denver pany, & Rio Grande Western Railroad Company, Gulf, Mobile & Northern Railroad Company, Denver & Salt Lake Railway Company, Huntingdon & Broad Top Mountain Railroad & Coal Detroit & Mackinac Railway Company, Company, Detroit, Toledo Shore Line Railroad Company, Illinois Central Railroad Company, Detroit, Toledo & Ironton Railroad Company, Yazoo & Mississippi Valley Railroad Company, Duluth, Missabe & Iron Range Railway Company, Gulf & Ship Island Railroad Company, Edward A. Whitman and James L. Homire, Trustees,, Illinois Terminal Railroad Company, Duluth, South Shore & Atlantic Railway Company, Indianapolis Union Railway Company, Mineral Range Railroad Company, Kansas City Southern Railway, Durham & Southern Railway Company, Arkansas Western Railway Company, Elgin, Joliet & Eastern Railway Company, Kentucky & Indiana Terminal Railroad Company, Charles E. Denney and John A. Hadden, Trustees,, Lake Superior & Ishpeming Railroad Company, Erie Railroad Company, Lehigh & Hudson River Raihvay Company, Chicago & Erie Railroad Company, Lehigh & New England Railroad Company, New Jersey & New York Railroad Company, Lehigh Valley Railroad Company, New York, Susquehanna & Western Railroad Louisiana & Arkansas Railway Company, Company, Louisville & Nashville Railroad Company, William R. Kenan, Jr., and Scott M. Loftin, Receivers,. McCloud River Railroad Company, Florida East Coast Railway Company, Maine Central Railroad Company, Clyde H. Crooks, Receiver, Fort Dodge, Des Moines; Midland Valley Railroad Company, & Southern Railroad Company, Kansas, Oklahoma & Gulf Railway Company, Fort Worth & Denver City Railway Company, Oklahoma City-Ada-Atoka Railway Company, Galveston, Houston & Henderson Railroad Company,. Lucian 0. Sprague, Receiver, Minneapolis & St. Louis Charles A. Wickersham, General Manager, Georgia, Railroad Company, Railroad Company, George W. Webster and Joseph Chapman, Trustees, Minneapolis, St. Paul & Sault Ste. Marie Railway, 6 7 Mississippi Central Railroad Company, Howard S. Palmer, James Lee Loomis, and Henry B. Missouri-Kansas-Texas Railroad Company, Sawyer, Trustees, New York, New Haven, and Hart Missouri-Kansas-Texas Railroad Company of Texas, ford Railroad Company, Beaver, Meade & Englewood Railroad Company, New York, Ontario & Western Railway Company, Guy A. Thompson, Trustee, Missouri Pacific Railroad Norfolk & Western Railroad Company, Company, Morris S. Hawkins and Louis H. Windholz, Receivers, Doniphan, Kensett & Searcy Railway Company, Norfolk Southern Railroad Company, New Orleans & Lower Coast Railroad Company, Northern Pacific Railway Company, . Natchez & Southern Railway Company, Minnesota & International Railway Company, New Orleans, Texas & Mexico Railway Company, Northwestern Pacific Railroad Company, St. Louis, Brownsville & Mexico Railway Com- Pennsylvania Railroad Company, pany, Pennsylvania & Atlantic Railroad Company, San Antonio, Uvalde & Gulf Railroad Company, Rosslyn Connecting Railroad Company, Beaumont, Sour Lake & Western Railway Com- W aynesburg & Washington Railroad Company, pany, Baltimore & Eastern Railroad Company, International-Great Northern Railroad Company, Long Island Railroad Company, Missouri-Illinois Railroad Company, Pennsylvania-Rea.ding Seashore Lines Missouri & Arkansas Railway Company, Peoria & Pekin Union Railway Company,' Charles E. Ervin and Thomas M. Stevens, Receivers, Pere Marquette Railway Company, Mobile & Ohio Railroad Company, Manistee & Northeastern Railway Company, Montour Railroad Company, Pittsburgh & Shawmut Railroad Company, Nashville, Chattanooga & St. Louis Railway Company, Pittsburgh,. Lisbon & Western Railroad Company, Nevada Northern Railway Company, John D. Dickson, Receiver, Pittsburgh, Shawmut & New York Central Railroad Company, Northern Railroad Company, Owasco River Railway Company, Prescott & Northwestern Railroad Company Chicago River & Indiana Railroad Company, Railway Express Agency, Inc., Indiana Harbor Belt Railroad Company, Raritan River Railroad Company, Pittsburgh & Lake Erie Railroad Company, Reading Company, Lake Erie & Eastern Railroad Company, Richmond, Fredericksburg & Potomac Railroad Com New York, Chicago & St. Louis Railroad Company, pany, Cass M. Herrington, Receiver, Rio Grande Southern Railroad Company, 8 g
Luis G. Morphy, Receiver, Rutland Railroad Com Georgia Southern & Florida Railway Company, pany, Harriman & Northeastern Railroad Company, St. Louis & Hannibal Railroad Company, High Point, Randleman, Asheboro & Southern James M. Kurn and John G. Lonsdale, Trustees, St. Railroad Company, Louis-San Francisco Railway Company, New Orleans & Northeastern Railroad Company, Birmingham Belt Railroad Company, New Orleans Terminal Company, St. Louis, San Francisco & Texas Railway Com Northern Alabama Railway Company, pany, St. Johns River Terminal Company, Berryman Henwood, Trustee, St. Louis Southwestern State University Railroad Company, Railway Company, Woodstock & Blockton Railway Company, Dallas Terminal Railway & Union Depot Com Yadkin Railroad Company, pany, Edgar S. McPherson, Trustee, Spokane International San Diego & Arizona Eastern Railway Company, Railway Company,_ Legh R. Powell, Jr., and Henry W. Anderson, Receiv Spokane, Portland & Seattle Railway Company, ers, Seaboard Air Line Railway Company, Gales Creek & Wilson River Railroad Company, Skaneateles Railroad Company, Tennessee, Alabama & Georgia Railway Company, Southern Pacific Company, Tennessee Central Railway Company, Texas & New Orleans Railroad Company, Terminal Railroad Association of St. Louis, Southern Railway Company, St. Louis Southwestern Railway Company of Alabama Great Southern Railroad Company, Texas, Asheville & Craggy Mountain Railway Company, Savannah & Atlanta Railway Company, Blue Ridge Railway Company, Texas & Pacific Railway Company, Carolina & Northwestern Railway Company, Texas Mexican Railway Company, Carolina & Tennessee Southern Railway Com- Tremont & Gulf Railway Company, pany, Union Pacific Railroad Company, Cincinnati, Burnside & Cumberland River Rail Union Railway Company, way Company, Union Railroad Company, Cincinnati, New Orleans & Texas Pacific Railway Virginian Railway Company, Company, Norman B. Pitcairn and Frank 0. Nicodeirius, Jr., Re- Danville & Western Railway Company, ceivers, Wabash Railway Company, Western Maryland Railway Company, 10 11 Thomas M. Schumacher and Sidney N. Ehrman, Trus or to take testimony therein or to make any adjudica tees, Western Pacific Railroad Company, tion of the facts ; Western Railway Company of Alabama, NOW THEREFORE, upon motion of complainant .Atlanta & West Point Railroad Company, and upon the consent of all parties hereto and witl1out Wichita Falls & Southern Railroad Company, taking any testimony or evidence, it is hereby Wichita Valley Railway Company, ORDERED,ADJUDGED,ANDDECREED: Winston-Salem Southbound Railway Company, I. That this Court has jurisdiction of the subject
DEFENDANTS ma tter as set forth in the complaint, and all parties hereto, with full power and authority to enter this decree. FINAL DECREE II. That the complaint states a cause of action against the defendants under the Act of Congress of The United States of America filed its complaint July 2, 1890, entitled "An Act to Protect Trade and herein on October 25, 1939. This Court has held that Commerce Against Unlawful Restraints and Monop-. the rescission by the Board of Directors of defendant olies," commonly known as the Sherman Antitrust Association, as alleged in defendants' Motion for sum Act. mary judgment and admitted by plaintiff, of the two III. That the defendants, and each of them, and each resolutions of September 20, 1935, and the one of June and all of their respective agents, representatives, em 25, 1937, as set forth respectively in paragraphs 22, 23, ployees, officers, directors and members, and all per and 24 of the complaint, did not and has not rendered sons acting or claiming to act on behalf of the defend- this cause moot. Defendants have appeared and filed ants, or any of them, are hereby perpetually enjoined their joint Answer. The complaint has been amended and restrained from according any force or effect to as to the parties defendant by stipulation filed herein the aforesaid resolutions of the Board of Directors of as of this day. Each of the defendants has consented defendant Association, or to any agreement, concert, to the entrance of this decree without the taking of any or understanding, existing by virtue of, growing out of, testimony and without findings of fact ; or in any way attributable to, said resolutions, and from And it appearing to the Court that this judgment soliciting, encouraging, or coercing by any manner or will provide suitable relief concerning the matters al means any of the defendants, or the officers, directors, leged in the complaint herein; and it further appearing agents, servants, or employees thereof, to abide by such that by reason o.f the aforesaid consent of the parties, resolutions, agreements, concerts or understandings, it is unnecessary to proceed with the trial of the cause or to accord them any force or effect. 12 13 IV. That the defendants, and other parties described that information obtained by the means permitted in in paragraph III above, be perpetually enjoined and re this paragraph shall not be divulged by any representa strained from entering into any agreement, concert or tive of the Department of Justice to any person other understanding with the defendant Association, its offi- than a duly authorized representative of the Depart cers directors or its membership, the effect of which is ment of Justice except in the course of legal proceed to restrain, or tend to restrain, the freedom and inde- ings in which the United States is a party or as other pendence of each of the defendant railroads in accord wise required by law. ance with its own individual managerial discretion in VI. Jurisdiction of this cause is hereby retained for the matter of the establishment of through routes, joint the purpose of enabling any of the parties to this de rates, joint billing arrangements, the advancing of cree to apply to the Court at any time (upon due and charges, and other mutual practices, in connection with reasonable notice to the adverse party or parties) for interchange of persons and property between such de such further orders and directions as may be necessary fendant railroads and motor carriers. or appropriate for the construction of or the carrying V. For the purpose of securing compliance with this out of this decree, for the modification thereof, for the decree, and for no other purpose, duly authorized rep enforcement of compliance therewith, and for the pun resentatives of the Department of Justice shall, on the ishment of violations thereof. written request of the Attorney General, or an .Assist Dated July 18, 1941. ant .Attorney General, and on reasonable notice, be per BoLITHA J. LAws, mitted (1) access, during the office hours of said de United States District Judge. fendants, to all books, ledgers, accounts, correspond We hereby consent to the entry of the foregoing de ence, memoranda, and other records and documents in cree: the possession or under the control o.f said defendants, For the United States of America: relating to any of the matters enjoined by this decree, THURMAN ARNOLD, (2) subject to the reasonable convenience o.f said de- Assistant Attorney General. fendants, and without restraint or interference from FRANK COLEMAN, them, to interview officers or employees of said defend Special Assistant to the Attorney Genral, ants, in the presence of counsel, regarding any such For the defendants : matters; and said defendants, on such request, shall R. V. FLETCHER. submit such reports in respect of any such matters as J. CARTER FORT. J.M. SoUBY. may from time to time be reasonably necessary for the GREGORY s. PRINCE. proper enforcement of this decree; provided, however,
U, 5.