The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-10-10
A GREEDY MONOPOLY
WHICH CONTROLS THE ANTBRA-
CATE COAL OF PENNSYLVANIA
Is Illegal and Can He Punished for
MaintaininE the Combination
After the Nsiice OF the
Authorities.


vauia coal pool "a legal or an Illegal
combustion Is 1t or is it not beyond
the reach OF the law OF the land?
Can set Of railroad or mining cor
pora ions combine with impunity to
create a monopoly in that article OF
necessity, to restrict it's production, to
control us sole, to advance its price,
Are corporate spectators free to make
rich and poor con umeTs alike the vic
tins OF extortiOnate charges ia order
to enrich themselves? Is there any
check upon the exercise OF such
power for harm and misery but the
will OF those who sway itP
In shor;, is the immunity in the
matter of q common nee ass'r of life
at the mercy OF combination OF
money making corporations?
These are questions of vital import.
Their answer concerns evevv con-
sumer OF coal, effects every fins,de
They have a broader aud deeper
significance. II there is no pro:t ction
for the people against an unscrupu.
lous monopoly in coal there is none
agrinst an unscrupulous monopoly in
any article OF daily consumption. II
there Ia no power TO pi event &c ,rners"
in one necessary OF life, there ia none
to prevent them in any.
Gov. Pattison, OF Pennsylvania, do
clares that the members OF the authra-
cite coal combir a:ion have violated
the constitu ion OF the State con.
stantly, def ntly snd flgranlly," and
he has properly called upon the Attor-
ney General to enforce and vindicats
the law. Indeed, il is for these rail.
road corporations to show that the
mere fact Of their engaging in mining
ope'at'ors Is not violation OF the
provision OF the constitution which
foIbids q common carrier to engage 10
ruch business The companies Clsim
that the iuviolabiity of their charters
exempts them fIom this constitutional
provision. But TO maintsin such po-
sltIon each company will, under q ra-
cent opinion of the Pennsylvania gu.
preme Court, have to establish these
points: First, that it's charter was
granted by Pennsylvania; second,
that 1t was granted prior 10 1855;
third, that IL has net b en- modified by
the acceptance Ct new privileges since
1856; fourth, that the company was
expressly chartered to mine aud sell
coal, L. wi not bs eisy for any men,
Der OF The al combination to sustain
these points, ard failure to do 81 will
DO failure to escape tie operations OF
the c )ns tuition. But there |, another
aspect OF this matter more pointed
and goificant than The constitutional
iesue. The Supreme Court OF Penn.
sylyana hiss declared thst a Combine-
ton 10 advance the price aud control
the sale of coal is a conspiracy pun
ishable by the criminal law. This
opinion, which now hiss a timely in
teiest aud impouanc, 81 great that
we print the ma erlal parts OF it else.
where in the Herald this morning,
was given In the case Of a coal comb
nation srikingly analogous to the one
that now excites public ut entiop.
The emphatic terms in which the
OouIt proDouuced not only unlawful
but criminal, combination 10 exact
,xtor tomato pric for coal are as ap.
plcable 10 tie present cyse az the one
then at the bar tine domestic
h arth, said the Cou.t, "the furnaces
OF the iron naHer aud tia firms OF the
manufacturer, all feel the restraint,
while many hands are paralyz4d and
nungry montos s'inted The influence
OF a lack OF supply or rise in the price
OF an a'tice of ich PRIME necessity
cannot be measured 1t permeates
the entire mass Of the immunity and
leaves few OF It's members untouched
by its wiIheriDg blight. Such con-
tract Is mjIe than contract. 1t is an
ofiecse " Tbs imp lrtapt decision
was rendered as long ago as 1871, but
II still r pre- ents living principle III
the law of the commonwealth. As re-
C ntly as 1881 IL was cited, with ap-
ptova, in criminal case by The Court
OF Quarter S,ss'ona in Philad, lphia,
which d. clared that "sll 'mbinations
to increase the cost of anything
bought and sid are criminal conspir-
aci g."
The law OF Pennsylvania 70 not pow
eress aga inst su h a public abuse as
th,t prac'cad by the anthracite coal
combination, and the law has only to
be f)Iced TO r m dy the evil.
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