Evening journal., 1897-07-13
COAL CARRYING CASE
Railroad Presidents Need Not
Appear Before a Referee.
JUDGE CHESTER GIVES A DECISION.
He vacates orders Granted by Himself
In Proceedings Under the New
Antitrust Laws-An APP
peal Taken.

In Proceedings Under the New
Antitrust Laws-An APP
peal Taken.
Albany July 13-Justice Alden Ches-
ter has vacated the orders granted by
him upon the application Of the attor-
ney general in June last compelling the
presidents Of the various coal road
companies to appear before a referee
as witnesses in a procedure under the
new antitrust laws, to determine as to
whether there Is an alleged illegal con-
tract arrangement or combination in
violation Of chapters 3S3 and 3s4 of the
laws Of 1897, and in which they or their
roads are participants.
The motion upon which the decision
was given was argued before Judge
Chester on June s. some two weeks aft
er he had granted motion of the at
torney general for the appointment Of
a referee and also after the service
upon the presidents Of the various
roads of orders for them to appear be-
fore such referee. Walter +. Ward Of
Albany. The motion was on behalf Of
the various roads-the Delaware and
Hudson, the Delaware, Lackawanna
and Western, the New York, Ontario
and Western and the Jersey Central
for a vacation Of the orders so granted
on the ground that the acts were un-
constitutional; that the legislature ex-
ceeded its powers. and that the powers
given to the supreme court judge ex-
ceeded the judicial functions allowed
by the constitution. Eminent counsel
argued the case for the roads. Judge
Chester granted the first orders under
the new law upon request and without
/ reference to the merits Of the applica-
tion.
An appeal viii be taken at once from
the decision to the appellate division Of
the supreme court, but as that division
does not sit until Sept Z and as an ap-
peal Will be taken even to the highest
court there can be no final conclusion
much before the last month Of the year.
Judge Chester's Opinion.
In his decision Judge Chester says:
This is a motion to vacate an order
granted by me on the 18th day OF May,
on the ex parte application of the attor-
ney general. requiring Samuel Sloane
and FIVE other persons named in the or
der to appear before a referee therein
named TO answer such relevant or ma
tcrial questions as may be put to them
coilttiiilhB any dllebtQ lutBdl CoHlIdtAt
arrangement or combination in viola
tion of chapter Sss Of the laws of 1897, OF
of chapter 3s4 of the laws Of 1897
The petition Of the attorney general
under which he procured the order
sought to be vacated was presented un-
der the provisions Of chapter 1888 OF the
laws Of 1897, which Is entitled 'An act to
prevent monopolies in articles or COM
modities of common use and to prohibit
restraints OF trade and commerce, pro-
viding penalties for violations of the
provisions of this act and procedure to
enable the attorney general to secure
testimony in relation thereto" which
act became a law May and took effect
Immediately.
The substantive provisions OF the act
are contained in the first two sections,
which are as follows:
Section /. Every contract, agreement,
arrangement or combination whereby
a monopoly in the manufacture, pro-
duction or sale in this state Of any ar
ticle or commodity of common use is or
may be created, established or main
talned, or whereby competition in this
state in the supply or price Of any such
article or commodity is or may be re-
strained or prevented. or whereby for
the purpose of creating. establishing
or maintaining a monopoly within this
state of the manufacture, production
or sale of any such article or commOdi-
ty, the free pursuit in this state of a
lawful business. trade or occupation is
or may be restricted or prevented, is
hereby declared to be against public
policy. Illegal and void.
Sec. 2. Every person or corporation
or any officer or agent thereof who shall
make or attempt to make or enter into
any such contract, agreement, arrange
ment or combination, or who within
this state shall do any act pursuant
thereto, or in, toward or for the con-
summation thereof, wherever the same
may be made, is guilty of a misde-
meanor, and on conviction thereof
shall, If a natural person. be punished
by fine not exceeding $4,000 or by I'm
prisonment for not longer than one
year or by both such fine and imprison-
ment, and if a corporation by a fine OF
not exceeding $5,0OO"
The balance Of the act, except the re-
pealing clause and the statement Of the
time when it is to take effect, relates
wholly to procedure.
Section authorizes the attorney gen.
eral to bring an action in the name OF
the people to restrain the doing in thi,
state of any act herein declared to b,
illegal or any act for the making or con
summation of the prohibited property
was doing something which he not only
had a right to do, but was commenda
BILE and so was acting in the line o.
duty. The adoption of this policy viii
affect many claims. The case is helC
to be practically similar to that of
soldier hurt by the enemy firing on hin
while he was off duty in his tent, il
pursuance Of any employment at whicl
he had right 10 be employed.
Body Found In a Barrel.