Alma record. (Alma, Mich.) 1878-1928, 1886-12-03
COAL CONSPIRAToRS.
The Law brands Them ns Publio
Offenders and Criminais-An out
rngcous Monopoly.

Offenders ana trlinlHais-Ah Out-
ragcous Monopoly.
Whether the great anthracite coal
combination is beyond the reach OF all
law is now an issue Of vital Importance
not onlyro the commonwealth OF Penn
svlvania, but to the o.tire coal-consum-
inc community. Gov Pattison has
taken the stand that the law is violated
and must be enforced. The coal pool
defies the state and the courts. 1t in
sists that the authorities are powerless
10 prevent the combination from regu-
latno the sale and fixing the price of
coal To suit its self.
The Pennsylvania supreme court has
already decided this question, and de-
cided il adversely To- the combination.
The decision, though rendered fifteen
years AGO, still stands a an expression
of the law of the commonwealth as in
terpreted by its highest court The
facts in the case then decided and the
LEGAL principles involved present re-
markable likeness to those now IN .sstle.
A combination of five compan cs was
formed To control the sale ami fix the
price of the btuminouS coal production
of northern Pennsylvania. The COM
panes forming the combination repre-
scented almost the ent re luminous
coal reg ON in that part OF the state.
They had the power TO control the
MAJ ket in the state of New York and
to effect the market elsewhere. dis
pute arose between two members
of the pool as TO their respective
schares of sales and profits. The pool
inc agreement was made in New York
and was to be carried out in this state,
the chief market being here. The
parties were within the jurisdiction of
the courts of Pennsylvania where the
coal was mined. and the suit was
brought there. On one side { was
contended that the combination was
against public policy and therefore IL
legal. On the other it was claimed
that its purpose was to lessen expenses.
to advance The qualit} Of the Goa and
and to market it in the best order to
the consumer.
The supreme court Of Pennsylvania
decided that the agreement TO combine
was a contract against public policy,
and therefore illegal, void. and not to
be enforced. The court went further,
and held that the combination was
criminal conspiracy under the law OF
New York. which makes it a IN -
demeanor for two or more persons TO
conspire Ito commit any act IN
iur.ous TO trade or commerce., and
also a criminal conspiracy by the COM
mon law in Pennsylvania. Here
is what the court said of the character
and nature of the combination:
The important fact that these COM
panics control this immense cOal-iield:
that il is the great source of supply of
bituminous coal To the state Of New
York and large territories westward;
that by Tn contract they control the
price of coal i'm tn extensive market.
and make II bring sums it would not
command if left To the natural laws of
trade; that IL concerns an art Gle OF
prime necessity for many uses; that its
operation j. general IN this large re-
gion, and affects ali who use coal Is n
fuel, and this is accomplished by a COM
bnation of all the companies engaged
i'm this branch of business in the large
region where they operate The COM
bnatiOn is wide i'm scope general in its
influence. and injurious in effects.
These being its features the contract is
against publ c policy, illegal and there
fore VOID.
The court then cited numerous
authorities To show that comb nation
To create corner n Il necessary of
life and TO advance its price TO the con-
sumner is conspiracy pun shable by
the criminal law, and proceeded as fol-
lows:
The restrictions laid upon the pro-
duction and price of coal can not be
sanctioned Is reasonable in view of
their intimate relat on to the public in
terests. The field of operation is too
wide and the influence too general.
Sngly each member of the combina-
ton might have suspended deliveries
and sales Of coal To suit his own inter-
ests and might have raised the price,
even though this might have been Diet
rimental TO the public interest. There
is a certain freedom which must be al
lowed to every one i'm the management
of his own affairs. When competitor is
left free individual error or folly viii
generally find correction in the con-
duct of others
But here is a combination of all the
companies operating in the BloSsburg
and Barclay mining regions and con-
trolling their entire productions. They
have combined together to govern the
supply and the price of coal in al the
markets from the Hudson TO the Miss
issippi river, and from Pennsylvania to
the lakes. This combination has a low
er in its confederated form VIII ch no
individual action can confer. The pub
lie interest must succumb TO IL. for il
has left no competitor free to correct
its baneful influence.
When the supply of coal is suspend
ed the demand for it becomes impor-
tunate, and prices must rise. Or if the
supply goes forward the price fixed by
the confederates must accompany it.
The domestic hearth, the furnaces of
the iron master. and the fires of the
manufac ucer all feel the restraint.
while the many dependent hands are
paralyzed. and hungry mouths are
stinted. The influence of lack of
II.