The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-12-02
PROBING THE COMBINE.
The Effort te Appoint Receiver
for Jersey Central.
THE oGURTs ORDER D1soBEYED.

Judge Stevens Asserts That the New
Jersey Corporation Has Ignored
the Order TO Resume Control of
Its Property In the State.
that branch of the Reading coal combine
case wherein the state applies for the
Rppo intment of receiver to conduct the
coal business Of the New Jersey Central
Railroad company, was begun before
Chancellor McGill yesterday. All the
lawyers in the great case were present,
and they agreed to consume not more
than four days with their addresses.
Attorney General Stockton sought to
have postponed until next week the
final argument in the litigation against
the Easton and Amboy and the Lehigh
Valley railroads, on the ground that the
afiidayits Of the officials of those COM
panies had not been served upon him in
the time agreed upon, and he therefore
had not had sufficient opportunity to
reply to them but the chancellor said he
would hear counsel with reference to
this matter today. Thomas N. Nc
Carter, of counsel for the Lehigh Valley,
Will ppIlOSt IIlt dttDTHty BHllGIdlb dpDll-
cation for further delay.
Judge Stevens Argument.
Ex-Judge Stevens, of Newark, who is
associated with the attorney general in
the prosecution, made the opening argu-
ment in the receivership case He con-
tended that the Central had violated the
orders of the court enjoining it from
operating i'll such manner as to dim
knish the coal output and arbitrarily in
erease the price of coal. The sales
agents OF the company advanced the
price of coal after the court forbade such
course, and this in concert with the
agents Of all the other coal producing
companies,
EX-Judge Stevens described the nature
OF the coal combine, showing that the
anthracite mines are all owned and
operated by the Reading. Lehigh Valley,
Central and their kindred companies.
Whether known as the Philadelphia and
Reading Coal and Iron company or the
Wilkesbarre company, the real coal
owners are these railroad corporations.
The officials arc the same, and the rail-
road companies are sharing the profits
arising out of their coal traffic. The
Central notwithstanding the court Is order
to sever its relations with the Reading,
is still connected with the latter corpor-
ation and dominated by it. 1t has not
resumed control OF its own property, as
the court commanded, and refuses to
operate its line Independently. Judge
Stevens said the aifidavits Of the coal
operators were misleading, in that they
concealed the facts Of the combination
between them. The Central's object in
allying with the Reading is to share in
The coal monopoly, which the court has
Already declared to be Illegal.
The Courts Order Violated.
Counsel insisted that the injunction of
she court had been violated; that the
eoal monopoly still exists, preventing
legitimate competition in necessity of
hfe, and that the pu blic's only remedy IS
through the appoint ment Of receiver to
barry out the will of the court. The
pourt has the power TO protect the public
Interests III this way, and should exert
It. The receivership should be limited
10 tho conduct of the company's coal
business only; that it is in the coal busi.
moss is amply proved by the action of its
agents.. who twice raised the price after
being enJoined. and by the circulars OF
President Maxwell relating to the com.
bine after its formation.
Before concluding Judge Stevens said
he knew there was no power in the state
10 compel any railroad company to sell
eoaI at a given price; but with this com.
bination broken up and free competition
allowed, the laws Of trade would regu,
late the price, and the people would get
coal at the price which is proper for it.
Mr. De Forest, of counsel fur the Con-
tral, replied 10 Judge Stevens argument
He held that the courts orders had moi
been violated. and that the appointment
Of receiver would be an injustice. The
Central is being operated as the court
directed, and interference further with
Its business would prove an injury tt
many individuals and benefit none.
Barker Gummere, of counsel for tht
state, followed Mr.. De Forest. He lait
special stress on President Mcleod,
testimony before the New York inyesi
eating committee, showing that Mr.. Nc
Leod admitted the existence Of the Goa
combine. Mr.. Gummerce charged tina
Mr.. Mcleod was the head and front o
the coal conspiracy and his testimony
was therefore Important.