The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1896-06-27
SMASH THE COMBINE.
SHERMAN ACT OF 1890 REGARDED As
MOST EFFECTIVE.

Seizure OF Property Would Bring Things
to Issue-Less Summary Measures
Would Give tho Monopoly the Delay IL
Wants-spcedy Test Needed
The statement Of United States Dis
trict Attorney Wallace Macfarlane that
II it is possible to reach the coal combi-
nation by federal statute il must be by
the Sherman act of 1890 has called par
ticular attention to section 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. 1t would bring
the issue to the test quickly, whereas
proceedings in court to prevent shipping
would be tedious, and while pending
the combine could go ON victimizing
the public.
The seizure Of coal in transit would
be novel proceeding. of course, but it
is the opinion of lawyers that if 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. If Goa
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 thai
the producers and coal companies arr
identical and that the Sales Agents
association, which regulates the outpu
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
1t carried last year between 8. 665, 00l
and 10000, 900 tons. Under the new
agreement and the mandate Of the Goa
sales agents the road will carry 625, 00
tons during February. The tying up o
a small portion of this by government
seizure would naturally bring matter
to crisis, and a lively tussle in til
courts would follow.
The Lehigh Valley comes next in i'm
portance as a coal carrying road. Th
percentage Of the entire output allotte
to it is 60, which is a decrease 9
over 16 under the ratio of 1895. Unde
the agreement it will therefore carr
39l, $50 tons during February.
1t is probable that the new combin
will be brought to the attention of th
attorney general Of New York, but u
conclusion has been reached as to I'll
statute under which it could be attacl
ed. When the Mcleod combination VIZ
formed, the legislature appointed an il
vestigating committee, and session
were held at the Murray Hill hotel, Ne
York Mr.. Mcleod appeared there SCI
] eral times to give testimony, but
Pierpont Morgan got in ahead Of Il
Legislators in blocking McLeod's gam
It is argued that there is just as good
field for the investigation of the preset
combine as there was Of the one forms
by Mr.. Mcleod. New York Journal.