Archives West Finding Aid

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 anti-merger 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 an active role); 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 ***.