Minneapolis, St. Paul & Sault Ste. Marie Railway, director; Wisconsin Rail Road, Minneapolis, director. J. S. Pyeatt: Missouri Pacific Railway, chairman of board and director; Denver & Salt Lake Western Railroad, president and director; Francis F. Randolph: J. & W. Seligman & Co., Banking Firm 65 Broadway, New York City, partner; Investment Bankers Association of America, member investment commission; Chase National Bank of New York, Produce Exchange Branch member advisory committee; 1 Tri-Continental Corp., chairman of board, president, member executive committee, and director; The Broad Street Investing Co., Inc., chairman of board, president, member executive committee, and director; Selected Industries, Inc., chairman of board, president, chairman executive committee, and director; Union Securities Corp., chairman of board, president, member executive committee, and director; National Investors Corp., chairman of board, president, member executive General Shareholdings Corp., chairman of board, president, member executive American Home Fire Assurance Co., chairman of board, chairman finance American Re-Insurance Co., member executive committee, and director; Capital Administration Co., Ltd., chairman of board, president, member executive committee, and director; Insurance Co. of State of Pennsylvania, chairman executive committee, and director; Globe & Rutgers Fire Insurance Co., chairman of board, chairman executive committee, and director; New Palisades Corp., president and director; Union Corp. (Pennsylvania), chairman of board, president, and director; General Properties Corp., director; Newport News Shipbuilding & Dry Dock Co., chairman finance committee, Aztec Land & Cattle Co., Ltd., member executive committee, and director; E. D. Schuggs: Spokane International Railroad, representative, care office of treasurer, Tom K. Smith (alternate to Allen P. Green): Boatmen's National Bank of St. Louis, president and director; American Telephone & Telegraph Co., director; Curtis Manufacturing Co., director; General American Life Insurance Co., director; Ann Arbor Boat Co., director; Ann Arbor Railroad, director; Detroit & Western Railway, director; Frankfort Realty Co., director; Lake Erie & Fort Wayne Railroad, director; Manistique & Lake Superior Railroad, director; Menominee & St. Paul Railway, director; New Jersey, Indiana & Illinois Railroad, director; E. W. Stetson (alternate to W. A. Harriman): Guaranty Trust Co., of New York, president and director; French American Banking Corp., member of executive committee and director; Textile Banking Co., Inc., director; Coca-Cola Co., member of executive committee and director; Bibb Manufacturing Co., member of executive committee and director; McLellan Stores Co., member of executive committee and director; Selected Industries, Inc., member of executive committee and director; United Stores Co., member of executive committee and director; U. S. Industrial Alcohol Co., member executive committee and director; General Shareholdings Corp., director; McCrory Stores Corp., director; Illinois Central Railroad Co., chairman of executive committee and director; Southeastern Compress & Warehouse Co., member of executive committee and director; Yazoo & Mississippi Valley Railroad, director. O. M. Stevens (alternate to A. Perry Osborn): American Refrigerator Transit Co., Mo., Pacific Building, St. Louis, Mo., president and general manager; Denyer & Rio Grande Western Railroad, director; Denver, Salt Lake & Western Railway, director. Silas H. Strawn: Winston Strawn & Shaw, 38 South Darborn Street, Chicago, Ill., senior member; Montgomery Ward & Co., Inc., chairman, executive committee, and director; First National Bank of Chicago, member executive committee and director; Alton Railroad, general solicitor and director. Edward F. Swinney: First National Bank, Kansas City, Mo., chairman of board; Kansas City Southern Railway, director; Kansas City Stock Yards Co, director; Louisiana & Missouri River Railroad, director; Southwestern Bell Telephone Co., director. Sir William Wiseman (alternate to E. F. Swinney): Kuhn, Loeb & Co., partner; Chicago Title & Trust Co., Chicago, Ill., trust officer; Chicago Mail Order Co., member executive committee and director. Willis D. Wood (alternate to Francis G. Randolph): Wood, Walker & Co., 63 Wall Street, New York City, limited partner; Title Guarantee & Trust Co., trustee; Corn Products Refining Co., director; Fidelity-Phenix Fire Insurance Co., director; Cassidy Co., Inc., d rector; Missouri-Kansas-T.xas Rai road, director; New York City Omnibus Corp., director; Western Pacific Railroad, director. EXHIBIT DOFJK-2 Member lines of Western Traffic Executive Committee and mileages* Alton R. R.. Miles 959 13, 142 165 8, 125 Chicago, Burlington & Quincy R. R. 8, 843 Chicago Great Western Ry. Chicago, Milwaukee, St. Paul & Pacific R. R. 1, 501 10, 259 Chicago, Rock Island & Pacific Ry. 7, 807 Examples of activities of the Western mechanisms are as follows: (1) In 1933, air conditioning of passenger equipment was curtailed temporarily and stopped temporarily through the operation of the agreement. (2) In 1933, operations under the Western Commissioner plan prevented absorption by the railroads of expense incident to putting heaters in cars of potatoes in all movements of potatoes from Wisconsin, Minnesota, Iowa, Illinois, Missouri, Utah, the Dakotas, Nebraska, Kansas, Idaho, Colorado, Washington, Wyoming, Montana, Oklahoma, and Oregon to Chicago. (3) In 1933, the Chicago Great Western endeavored to reduce rates on about 100 commodities down to 30 cents per 100 pounds when moving in carloads of minimum weights of 30,000 pounds each from Chicago to Kansas City, St. Joseph, Omaha, South St. Paul, Winona, Minn., and Des Moines Iowa. The reduction was stopped after pressure by Messrs. De Forest, Harriman, Van Sweringen, and McCullough, members of the committee of directors. (4) In 1933, the Western Commissioner ordered certain reduced passenger fares on the Southern Pacific, in Texas, intrastate, abolished. (5) In 1933, Committeeman Arthur Curtiss James, 40 Wall Street, New York, undertook to persuade the Great Northern to abolish fares of 2 cents per mile in tourist sleepers running on five Western lines. Whether he succeeded is not definitely shown. (6) In 1933, the practice of the Santa Fe of allowing single occupancy of all classes of Pullman accommodations, except drawing rooms, by the holder of one ticket, and of allowing single occupancy of a drawing room by the holder of one ticket and a half was abolished temporarily until the Eastern lines adopted the practice; whereupon the Western lines readopted it. (7) Intrastate and interstate excursion fares of 11⁄2 cents per miles in Texas and Louisiana were stopped except to and from New Orleans, from and to points within a radius of 150 miles thereof. (8) In 1934, a reduction in freight rates on stone between St. Louis and Kansas City by a combination of interstate factors with the applicable intrastate rate was prevented. (9) In 1934, reductions in rates on sugar moving from New Orleans, La., and Sugar Land, Tex., to Springfield, Mo., were prevented. (10) In 1934, reductions in rates on coal moving from Utah and Wyoming to points west of Boise, Idaho, were prevented. (11) In 1934, reductions in rates on less-than-carload agricultural implements moving from Council Bluffs, Iowa, and Nebraska stations to points in Kansas were prevented. (12) In 1934, elimination of the absorption by St. Louis Lines of the expense of trucking shipments from the rails of one line to the rails of another in St. Louis was accomplished. (13) In 1934, a shortening of running time by 24 hours on California perishables into New York was prevented. (14) In 1934, reduced excursion fares of 1 cent per mile from Montana points to Chicago and return were prevented. (15) In 1934, a reduced fare of $57.40 from El Paso to the Twin Cities by way of St. Louis, Memphis, or Vicksburg, was prevented. (16) In 1934, the movement of freight in baggage cars on passenger trains between Vicksburg and Shreveport, was prevented. (17) In 1934, the construction of a spur track to serve an industry already served by one track was prevented through pressure applied by committeeman Arthur Curtiss James, 40 Wall Street, New York, (18) In 1934, an unsuccessful effort was made to cause the Alton to unhook the air conditioning and move sleepers to St. Louis, without air conditioning, which had come to it at Chicago after arriving there on the Baltimore & Ohio with the air-conditioning apparatus in operation. (19) In 1935, a vigorous but unsuccessful effort was made to have the Western Commissioner prevent the Chicago, Burlington & Quincy from buying and operating a bus line between Chicago and Los Angeles via Omaha, Cheyenne, and Salt Lake City. The commissioner construed the Western Agreement as not covering this situation. Thereupon, the committee of directors tried vigorously but unsuccessfully to have the agreement amended so as to cover bus and truck operations by railroads and their subsidiaries. (20) In 1935, a reduction by the Milwaukee in all freight rates to 50 cents per 100 pounds was prevented. (21) In 1935, and between October 7, 1935, and May 10, 1936, a vigorous effort was made, unsuccessfully, to prevent the Kansas City Southern from establishing parity of rates between the Atlantic seaboard ports and southern ports, or specifically, to prevent Kansas City Southern from observing at Kansas City, Mo., the rates "applicable to and from Cedar Rapids, Iowa, in I. & S. Docket No. 3718." Committeemen Will H. Hays, A. F. Cleveland, of the Association of American Railroads, the Western Commissioner, and the committee of directors tried, unsuccessfully, to stop C. E. Johnston, president of the Kansas City Southern from putting this proposal into effect. An additional effort was made, unsucessfully, to find someone to protest Mr. Johnson's reduced rates before the Interstate Commerce Commission. Later, Mr. Johnston was employed as Western Commissioner. (22) Between February 18, 1935, and July 1, 1936, a vigorous but unsuccessful effort was made to prevent Patrick H. Joyce, president of the Chicago Great Western, from making reduced rates and transporting trucks and trailers loaded with merchandise and mounted on flatcars, between Chicago and the Twin Cities. The Association of American Railroads, through Mr. Cleveland, took an interest in the matter as did the committee of directors. The protestants, after failing to stop Mr. Joyce under the western agreement, fought him before the Interstate Commerce Commission, but Mr. Joyce won. (23) Over a long period extending from April 11, 1935, to June 13, 1941, a bitter contest was carried on as a result of a resolution adopted by western railroads dated September 6, 1934, providing that goods, other than livestock and poultry, arriving by rail in Denver, Colo., from the East after 7 a. m. would not be delivered until 5:30 p. m. The Denver Post, Denver receivers, the Governor of Colorado and others, joined the general protest against delayed deliveries in Denver. One shipper sued the Union Pacific for damages claiming that delayed delivery of his goods forced him to sell at a reduced price. He recovered judgment and on appeal, the judgment was affirmed by the Supreme Court of Colorado which held that the agreement between the railroads for delayed delivery was no defense against the plaintiff even though he had not asked the Interstate Commerce Commission to set the agreement aside. So far as can be determined from the files available to us, the agreement for delayed or concurrent deliveries at Denver still exists. (24) On November 9, 1935, the Commission was involved in the making of an agreement among Texas lines that no intrastate football excursion fares in Texas would be established without the Commissioner's study thereof to determine whether they were in line with his previous opinion on the subject dated August 3, 1935. This agreement was the result of the action of the Katy in establishing a football excursion fare of $3.15 instead of $4.20 between Austin and Dallas, Tex., in connection with a game at Dallas on October 12, 1935. (25) In 1935 a reduced $6 round-trip excursion coach fare between St. Louis and Chicago was prevented. (26) In 1935 and thereafter, over a long period, a bitter controversy was carried on over the Santa Fe's successful efforts to procure from the California Railroad Commission certain bus operating rights and then to establish a coordinated train-bus service in California with reduced fares and with tickets good interchangeably on trains and buses. The Southern Pacific was fighting the proposal; and did so before the Transcontinental Passenger Association, before the Western Commissioner, before the Committee of Directors, before the Association of American Railroads, before the California Railroad Commission, and before all the courts in California, including the supreme court in that State. This is the case in which President Bledsoe, of the Santa Fe, called attention to the violation of the antitrust laws. (27) In 1935 an effort to make a reduction down to 40 cents per hundred on all commodities moving from St. Louis and East St. Louis to Springfield, Mo., was successful. Mr. Cleveland, of the Association of American Railroads, took an interest in the case. (28) In 1936, the Louisiana & Arkansas successfully refused to follow the Commissioner's decision disapproving a reduction of 3 cents per hundred in rates on crude oil moving from points on the Louisiana & Arkansas west of the Rodessa oil field to the Louisiana & Arkansas stations, North Baton Rouge to New Orleans, inclusive. (29) In 1936 a controversy arose, which finally culminated on May 3, 1940, in an agreement which fixed the time of delivery of goods at El Paso out of St. Louis and Chicago. This argeement was in compromise of proposals by the Texas & Pacific and Santa Fe to make El Paso deliveries of goods originating in Chicago on the third morning. The controversy also revolved around the question whether El Paso deliveries should be made not earlier than 5 a. m., central time, third morning, or not earlier than 7 a. m., mountain time. (30) In 1936, schedules of freight trains between Denver and Southwestern points were fixed by agreements dated November 11, 1936, and January 15, 1937. By this agreement, the Burlington delays goods in Fort Worth, destined to south Texas, and the Union Pacific delays goods into Kansas City from Denver originating beyond Idaho. Also, by these agreements, bananas out of Gulf ports going to Denver by way of Fort Worth are removed from delayed shipments and may be taken into Denver prior to 7 a. m. so as not to be caught by the Denver 5 p. m. delivery agreement above mentioned. (31) In 1936, freight schedules were slowed down between Chicago, on the one hand, and Memphis and New Orleans, on the other. J. J. Pelley, of the Association of American Railroads, was active in bringing about this slow-down so as to "hold this very fast service from spreading beyond the Illinois Central Railroad Co's. territory." (32) Placing of movies on passenger trains was prevented in 1936 and in addition it was agreed that no road would put facilities for recreation on any passenger train without giving 8 months' advance notice to all other Western lines. (33) In 1937, reductions in rates on rotogravure supplements to newspapers moving between Chicago and California were prevented. |