Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1896-05-08
SMASH THE COMBINE.
SHERMAN ACT or 1890 REGARDED AS
MOST EFFECTIVE.

Seizure Of Property would Bring Things
to nm Issus--Less Summary Measures
would Give the Monopoly the Delay IT
wants-speedy Test Needed.
The statement Of United States Dis.
lrict Attorney Wallace Macfarlane that
II it is possible to reach the coal combi-
nation by federal statute it must be by
the Sherman act Of 1890 has called par
ticular attention to section 9 Of that
law. The section provides that coal in
transit from one state to another, owned
in violation Of the provisions Of the act,
may be seized and condemned by like
proceedings as those provided for the
seizure of property imported into the
United States contrary to law.
1t is argued by those familiar with
the ways of combinations such as the
coal monopoly that if the government
intends to take steps against the deal
the most effective way would be by seiz-
ing the coal in transit. It would bring
the issue to the test quickly, whereas
proceedings in court to prevent shipping
would be tedious, and while pending
the combine could 60 ON victimizing
the public.
The seizure Of coal in transit would
be novel proceeding, of course, but it
is the opinion Of lawyers that II any
part Of the Sherman act is constitution
al the section providing for seizure Is
also. The coal combine would probably
fight the entire act ON constitutional
grounds if proceedings were begun. and
they could thus delay matters II coal
were seized, the claim would be made,
Of course, that the railroads have moth
ing to do with the combine, but that
the agreement was made by the produ-
GERS. This would place the burden Of
proof on the government to show that
the producers and coal companies are
identical and that the Sales Agents
association, which regulates the output
and prices, is part Of the big system.
Of the roads carrying coal TO New
York on which seizures might be made,
the Reading does the largest business.
It carried last year between 9.665, 900
and 10000, 600 tons. Under the new
agreement and the mandate Of the coal
sales agents the road will carry 625, 900
tons during February. The tying up Of
a small portion of this by government
seizure would naturally bring matters
to crisis, and lively tussle in the
courts would follow.
The Lehigh Valley comes next in i'm
portance as a coal carrying road. The
percentage of the entire output allotted
to it is So, which is decrease Of
over 10 under the ratio Of 1895. Under
the agreement it will therefore carry
S91 $50 tons during February.
1t is probable that the new combine
will be brought to the attention Of the
attorney general Of New York, but no
conclusion has been reached as to the
statute under which it could be attack
ed When the Mcleod combination was
formed. the legislature appointed an in
vestigating committee, and sessions
were held at the Murray Hill hotel. New
York. Mr.. Mcleod appeared there sew
eral times to give testimony, but ].
Pierpont Morgan got in ahead Of the
Legislators in blocking Mcleod 9 game.
IL 10 argued that there is just as good
field for the investigation of the present
combine as there was Of the one formed
by Mr.. Mcleod. New York Journal.