The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-13
ANTITRUST LAW FLAW
PRESIDENTS OF COAL ROADS NOT TO
BE INVESTIGATED.
Justice Alden Chester, of New York,
Vacates His Former Decision Cit
ing the Men to Appear.

ALBANY, N. Y, July 12-Justice Alden
Chester has vacated the orders granted by
him on the application of the attorney gen.
eIal in June last compelling the presidents
of the various anthracite coal road COM
panies to appear before a referee as wit
nesses in a procedure under the new anti
trust laws to determine whether there is
an alleged illegal contract, arrangement or
combination in violation of Chapters 3S3
and 34 of the laws of 1897, and in which
they or their roads are participants. The
motion on which the decision was given
was argued before Judge Chester on June
8. some two weeks after he had granted a
motion of the attorney general for the ap-
pointment Of a referee, and also after serv-
i've on the presidents of the various roads
of orders for them to appear before such
referee. The motion was on behalf of the
various roads, the Delaware & Hudson, the
Delaware, Lackawanna & Western, the
New York Ontario & Western and the Jer-
sey Central, for vacation of the orders so
granted, on the ground that the acts We're
unconstitutional; that the Legislature ex-
ceeded its powers, and that the powers
given to the Supreme Court judge exceeded
the judicial functions allowed by the Con-
stitution
Eminent counsel argued the case for the
roads. Judge Chester granted the first or
ders under the new law on request and
without reference to the merits of the ap-
plicatiOn.
An appeal will be taken at once from to-
days decision to the appellate division of
the Supreme Court, but as that division
does not sit until Sept. Z, and as an appeal
will be taken even to the highest court
there can be no final conclusion much be-
fore the last month of the year In his de-
csion Judge Chester touches on but two
points of constitutionalty. He declares
that the power granted to the Supreme
Court judge is excessive of the judicial
functions granted by the Constitution. The
Legislature he holds, has no power to i'm
pose on a Supreme Court judge functions
of a nOnjudicial character as they have in
dent sought to be authorized in the statute
presents instance of Il serious infractiOn
of the Constitution by making the justice
mere notary or hgurehead, with no dis
application for the appointment Of a ref
cree or not, and providing that he shall
turn over to a referee all of his acquired
powers, and abridges the rights and privi-
leges of a witness charged with a crime.
The Constitution of the State and Of the
punishment for witnesses who give testi-
mony against themselves. The statute at
tempts to give relief by forbidding criminal
prosecution on such testimony, but Judge
Chester does not think that it goes far
enough to give the absolute immunity
the constitutional points, Judge Chester
also finds that there is an insufficiency of
material in the petition for an order. No
facts were stated. only information and be-
lief being alleged, without any sources be-
ing detailed of information or any grounds
for belief Such insufficient proof of facts
would not be admissible in a court of JUS
tice.