Collection 859 - Livingston Anti-Merger Committee Records, 1894 - 1980

Creator: Livingston Anti-Merger Committee

Provenance Note:The records of the Livingston Anti-Merger Committee (LAMC) were donated to Special Collections in 1970, 1974 and 1980 by Warren McGee of Livingston, MT who served as the Chairman of the Committee during its efforts to prevent the merger of the Northern Pacific, Great Northern, Burlington and several smaller rail companies into the Burlington Northern Railroad. The 1974 and 1980 papers were donated to illustrate the aftermath of the merger and vindicate the Committee's predictions for the future.

Historical Note: Warren McGee was a conductor for the Northern Pacific Railroad, a student of railroad history and devoted to his Livingston, Montana community. During the early 1960s, the Interstate Commerce Commission announced plans to grant a merger request by the Northern Pacific Railway Company; the Great Northern Railway Company; Chicago, Burlington & Quincy Railroad Company; Pacific Coast Railroad Company; Portland and Seattle Railway Company and several smaller rail companies to form the Great Northern Pacific & Burlington Lines, Inc. From 1960 through 1970, Warren McGee was Chairman of the Livingston Anti-Merger Committee. The committee was one of many groups formed in the United States in opposition to the merger. The merger was formally applied for in February, 1961 and finally approved in February, 1970. Warren McGee still lives in Livingston, Montana.

Content Description Note:The Livingston Anti-Merger Committee was formed on December 4, 1960 to fight the proposed Burlington Northern merger that included the Northern Pacific Railroad, a primary employer in Livingston, Montana. Among many, hearings were held in Minnesota in 1961 and Montana in 1962 by the Interstate Commerce Commission(ICC). In 1966, the ICC denied authorization of the merger, but in 1967, the ICC reversed that decision and authorized the merger. In 1968, the Justice Department sued the ICC and Burlington Railroad, et al in District Court. The Supreme Court eventually heard the case and Chief Justice Burger wrote the opinion in February, 1970 that finally affirmed the merger. Warren R. McGee (a conductor), as Chairman and Wilbur I. (Webb) Sullivan (an engineer), as Publicity Chairman were the driving forces behind the Livingston Anti-Merger Committee's campaign to thwart the merger. They collected numerous research materials to support their arguments against the merger; wrote briefs; published bulletins, newsletters and broadsheets to the members; had extensive correspondence with many diverse factions; testified and cross-examined witnesses at ICC hearings and succeeded in having the Committee included as an intervening plaintiff in the U.S. Circuit Court proceedings questioning the merger. Many of the documents present in this collection are photocopies. There are many attachments to letters and newspaper clippings. Margin notes, interpretations and commentaries by Warren McGee are interspersed onto many of the assorted categories of papers. Primary concerns of the committee were loss of jobs, the economic repercussions to Livingston and Montana and changing operations of the railroad. Arguments also used included lack of jurisdiction of the ICC, false assumptions of profits, interlocking directorships having undue influence on testimony and falsely asserted fast freight service and shipping issues. A file of papers related to a campaign to distribute $2 bills in the town to highlight the economic impact of the railroad community is also included.

The records of the Anti-Merger Committee of Livingston, Montana have been arranged into 2 series; Series 1 consists of organizational documents including: minutes; financial records; handwritten and typed research notes; rough drafts of position papers, briefs, statements; and research materials to support the committee's arguments. Correspondence includes: Warren McGee, Bernice McGee and Wilbur S. (Webb) Sullivan; individual and organized antimerger supporters including the Northern Pacific Stockholders' Protection Committee; the Montana Congressional delegation (at the time: Senator Mike Mansfield, Senator Lee Metcalf, Representative Arnold Olsen and Representative James Battin) and other national leaders; Montana legislators (including John Melcher); Montana agencies, in particular the Montana Board of Railroad Commissioners and their counsel, John C. Sheehy; railroad officials and railroad union members; Federal agencies including the Interstate Commerce Commission and the Securities and Exchange Commission; Valentine B.Deale, attorney for the Committee before the Federal courts; Burton K. Wheeler; and assorted national and local publications. Newspaper clippings and periodical articles trace the activities of the Committee, other opponents and supporters, and the railroad industry. Collected articles, newspaper clippings, reports and studies corroborating or disproving the arguments for consolidation of the railroads; materials on the Northern Pacific Stockholders and the Russell E. Skeen proxy fight; and ancillary materials including the $2 bill campaign, merger (M-Day), state and federal legislative bills, copies of press releases and speeches and a map with the Montana merged railroad routes drawn in conclude the series. Series 2 consists of copies of testimony, briefs, exhibits, cross-examinations and other papers filed by the litigants with the Interstate Commerce Commission (ICC) and the ICC Examiner (most relate to Montana hearings and hearings in which the Livingston Anti-merger Committee had a active roll); and briefs, motions, and other legal papers before the United States District Court for the District of Columbia. The U. S. Supreme Court opinion rendered in 1970 completes the collection. Material stored separately is indicated by ***.

Contents

Series 1:	Antimerger Committee organizational and working papers, 1894 - 1980 Sub-series 1 : Minutes, reports, drafts, research notes and publications, 1955 - 1970 Sub-series 2 : Financial records, 1960 - 1970 Sub-series 3 : Correspondence, 1959 - 1980 Sub-series 4 : Research papers collected to corroborate or disprove the issues, 1894 - 1970 Sub-series 5 : Ancillary papers, 1960-1970
Series 2:	ICC Hearings materials and subsequent legal papers, June 13, 1961 - Feb. 2, 1970 Sub-series 1 : ICC Hearings papers, 1961 - 1968 Sub-series 2 : U.S. courts legal documents, 1961 - 1970

Series 1: Antimerger Committee organizational and working papers, 1894 - 1980

The Livingston Anti-Merger Committee (LAMC) organizational and working papers include: minutes; reports; financial records; handwritten and typed drafts of communications, positions and testimonies with notes and miscellaneous papers (mostly produced by Warren McGee); a statistical questionnaire and its results; copies of the newsletters, bulletins and broadsides issued by the committee; copious newspaper and periodical clippings; articles, booklets, pamphlets and other published materials; photocopies of reports and exhibits; and correspondence. Some materials have attachments and many have handwritten editorial comments, margin notes or explanations.

Contents | Special Collections

Series 1; Subseries 1: Minutes, reports, drafts, research notes and publications, 1955 - 1970

Minutes of meetings; reports; handwritten and typed notes; drafts of speeches, press releases, statements, and correspondence; copies of newsletters, bulletins and broadsides issued by the Committee; numerous newspaper clippings covering all aspects of the merger fight; and related articles, pamphlets and booklets are present in this set of papers.

Box 1

1. Minutes and progress report (incomplete), Dec. 4, 1960 - Dec. 3, 1961

2. Handwritten and typed notes and miscellaneous papers during campaign, 1956 - 1970

3. Notes and miscellaneous papers, undated

4. Rough drafts of communications, positions and testimonies, 1955 - 1968

5. Statistical questionnaire of railroad workers and result

6. Publications(LAMC): newsletters, bulletins and broadsides, Nov. 29, 1960 - Feb. 18, 1970

7. News clippings, 1960

8. News clippings, Jan. - Mar. 1961

Box 2

1. News clippings, Apr. - Jun. 1961

2. News clippings, July - Sept. 1961

3. News clippings, Oct. - Dec. 1961

4. News clippings, 1962

5. News clippings, 1963 - 1966

6. News clippings, 1967

7. News clippings, 1968 - 1969

8. News clippings, 1970 - 1980, plus undated items

Box 3

1. Articles, booklets, pamphlets, etc. 1955 - 1962

2. Articles, booklets, pamphlets, etc. 1963 - 1973

3. Articles, booklets, pamphlets, etc. not dated

Contents | Special Collections

Series 1; Subseries 2: Financial records, 1960 - 1970

The Livingston Antimerger Committee financial records include solicitation letters, lists of donors, receipt books, reports, statements, checks and checkbooks, deposit slips, and bills and receipts.

Box 3 (cont.)

4. Solicitation letters

5. Lists of donors

6. Donor receipt books

7. Financial Reports

8. Statements, checks and checkbooks, deposit slips

9. Bills and receipts: Dec. 11, 1960 - May 5, 1961

10. Bills and receipts: May 17, 1961 - Dec. 20, 1961

11. Bills and receipts: Jan. 4, 1962 - Dec. 2, 1963

12. Bills and receipts: Dec. 2, 1964 - Feb. 25, 1970

Contents | Special Collections

Series 1, Subseries 3: Correspondence, 1959 - 1980

Correspondence of the Livingston Antimerger Committee includes letters between supporters, government agencies, governmental officials and legislators, railroad officials and workers, periodical and newspaper publishers, the ICC, Burton K. Wheeler, Valentine B. Deale, John C. Sheehy, and general correspondence of Warren McGee, Bernice McGee and Webb Sullivan. Many are copies rather than originals.

Box 4

1. Antimerger groups and individuals, 1960 - 1961

2. Antimerger groups and individuals, 1962 - 1968

3. Deale, Valentine B., attorney for Antimerger Committee 1968 - 1970

4. Federal agencies and legislators (not Montana), 1961 - 1968

5. Federal legislators-Montana(Mansfield, Metcalf, Olsen, Batten), 1960 - 1963

6. Federal legislators-Montana(cont) - (includes Baucus, Melcher) 1964 - 1980

7. Interstate Commerce Commission, 1961 - 1967

8. McGee, Bernice, 1961 - 1962

9. McGee, Warren R, (general and personal), 1961 - 1980

10. Montana Government officials and legislators, 1959 - 1980

11. Newspapers and periodicals, 1961 - 1968

12. Railroad officials, 1959 - 1980

13. Railroad unions and labor, 1960 - 1969

14. Wheeler, Burton K., 1961

Contents | Special Collections

Series 1; Subseries 4: Research papers collected to corroborate or disprove the issues, 1894 - 1970

Materials including photocopies of reports and research on consolidation plans, railroad assets, jurisdiction, freight service and complaints, interlocking directorships, impacts on jobs, shipping issues, Montana products and natural resources, and effects on Livingston, Montana. Many materials on the Livingston and Montana Northern Pacific rail operations are original or handwritten records by Warren McGee or Webb Sullivan.

Box 5

1. Jurisdiction research papers

2. Railroads papers on consolidation

3. Railroads financial justification and related reports

4. Northern Pacific assets

5. Northern Pacific assets (cont)

6. Freight service - schedules and general information

7. Freight service - fast freight issue

8. Freight service - equipment and availability of cars issue

9. Railroad service - poor service reports

Box 6

1. Interlocking directorships - merger railroads and other industries

2. Impacts on jobs

3. Montana products and shipping issues

4. Local effects on Livingston, Montana

Contents | Special Collections

Series 1; Subseries 5: Ancillary papers, 1960-1970

Copies of bills, state and federal plus assorted Congressional Record pages; copies of stockholders meeting minutes, notices to Northern Pacific stockholders, records of the stockholders meetings and Russell E. Skeen's proxy papers (includes written replies); the $2 bill campaign; a file of merger day papers; copies of press releases and speeches. A Montana map with rail routes drawn in comprise this set of ancillary papers.

Box 6 (cont.)

5. Montana legislation, 1961

6. Federal legislation, 1961 - 1967

7. Congressional Record, 1961 - 1967

8. Northern Pacific Railroad Stockholders, 1959 - 1968

9. April 27, 1961 stockholders meeting and associated papers

10. Russell E. Skeen proxy fight for April 27, 1961 meeting

11. Special stockholders meeting, Feb. 5, 1968

12. $2 bill campaign

13. Merger ( M-Day) Day

14. Map with the Montana merged railroad routes drawn in.

Box 7

1. Assorted press releases, 1896 - 1970

2. Assorted speeches to conventions, communities including broadcasts, 1961-1969 (includes audiotape of L.W.Menk) - audiotape stored separately ***

Contents | Special Collections

Series 2: ICC Hearings materials and subsequent legal papers, June 13, 1961 - Feb. 2, 1970

Series 2 is the accumulation of ICC papers including copies of pertinent testimony, exhibits, cross-examinations related to the Livingston Anti-merger Committee and the state of Montana and the legal briefs, motions and appeals before the U.S. District Court of the District of Columbia and the U.S. Supreme Court decision.

Contents | Special Collections

Series 2; Subseries 1: ICC Hearings papers, 1961 - 1968

Copies of papers of the Interstate Commerce Commission hearings on the proposed merger in St. Paul and Minneapolis, Minnesota (in 1961) and Missoula, Helena, Great Falls and Billings, Montana (in 1962) including witness lists, service notices, statements (incomplete), exhibits, cross-examinations, briefs, replies and ICC decisions 1966 through 1968.

Box 7 (cont.)

3. Montana Board of Railroad Commissioners Merger Conference with agenda - June 7, 1961

4. ICC Hearings and legal papers of the MBRC from June 13, 1961 - May 31, 1968

5. ICC orders, lists of petitioners and service notices, July 12, 1961 - Feb. 8, 1962

5. St. Paul, Minnesota Hearings: Statements: Oct 10, 1961

6. St. Paul, Minnesota Hearings: Statements: Oct 11, 1961

7. St. Paul, Minnesota Hearings: Statements: Oct 12, 1961

8. St. Paul, Minnesota Hearings: Statements: Oct 13, 1961

9. Merger Conference Nov. 1, 1961, St. Paul, Minnesota

Box 8

1. Witness schedules Dec. 5, 1961 - Jan. 26, 1962

2. Cross-examinations of witnesses by Livingston Antimerger Committee - Minneapolis Minnesota Hearings: Dec 5, 1961 - Dec. 19, 1961

3. Assorted statements ICC hearings, Dec 1961- Jan 1962

4. Statements: Montana Hearings, Missoula, MT - June 11, 1962

5. Statements: Montana Hearings, Missoula, MT - June 12, 1962

6. Statements: Montana Hearings, Helena, MT - June 13, 1962

7. Statements: Montana Hearings, Helena, MT - June 14, 1962

8. Statements: Montana Hearings, Great Falls, MT - June 15, 1962

9. Statements: Montana Hearings, Great Falls, MT - June 18, 1962

10. Statements: Montana Hearings, Billings, MT - June 20, 1962

11. Statements: Montana Hearings, Billings, MT - June 21, 1962

12. Statements: Montana Hearings, Billings, MT - June 22, 1962

13. Montana Hearings- Exhibits, June 22, 1962 - W.R. McGee and Wilbur I. (Webb) Sullivan

14. Montana Hearings- Cross-examinations of W.R. McGee and Wilbur I. (Webb) Sullivan

15. Assorted submitted statements of Montana residents that did not testify in the Montana hearings

16. Assorted statements before ICC hearings, 1964 - 1967

Box 9

1. Briefs, replies, service notices before the ICC, 1961 - 1966 (mostly by LAMC)

2. ICC decisions, 1966 - 1968

Contents | Special Collections

Series 2; Subseries 2: U. S. District Court and U.S. Supreme Court, 1968 - 1970

Legal documents including motions, briefs, appeals and ancillary documents of the United States District Court of the District of Columbia suit (Livingston Antimerger Committee was an intervening plaintiff) and the U.S. Supreme Court ruling in the case against the ICC merger decision.

Box 9 (cont.)

3. United States of America (Plaintiff) vs United States of America and Interstate Commerce Commission (Defendants): motions, briefs, answers of intervening plaintiffs and defendants, May - Nov. 1968 (U.S. District Court)

4. Briefs of defendants Interstate Commerce Commission and Great Northern, et al, intervening defendants, June, 1968 (U.S. District Court)

5. In the Supreme Court of the United States: Appeals, briefs, statements - Nov. 20, 1968 - Sept. 29, 1969

6. Chief Justice Burger Opinion of the Court, Feb. 2, 1970

Contents | Special Collections

Updated: 2/16/09