New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-20
THE ANTITRUST LAW ATTACKED.
A HALT CALLED IN THE PROCEEDINGS AGAINST
THE COAL TRUST.

A HALT CALLED IN THE PROCEEDINGS AGAINST
THE COAL TRUST.
Albany. May 10 (SpeciaD.-The antitrust legisia-
ton which received the approval OF Governor
BLACK scarcely week ago. is worthless In the opn-
tan az some eminent lawyers So. at least Il would
seem from some paper served on Attorney-GeneraI
Hancock to-day The papers related 20 the suit
broueht bv Mr. Hancock last week against several
coal-carrying railroads which were alleged TO belong
n q Coal Trust Judge Chester. Of the Supreme
Court who issued the order for the taking OF testi-
mony on the complaint. was visited at Monticello
Sullivan County las, night by John b. Kerr, gen.
eral counsel OF the New-York Ontario and Western
Railroad and asked for an order staying the taxing
Of evidence until argument could be heard 10 why
the order made by him should not be vacated.
Judge Chester declined 10 issue the order applied
for but granted an order to the Attorney General TO
show cause before him on May q, In Albany why
the stay should not be granted.
The papers submitted to Judge Chester by Mr..
Kerr were received by Mr.. Hancock to-day. He
found that the coal companies attack the validity OF
the new Antitrust law and say that 1t does not
authorize such an examination OF the presidents OF
the coal roads as is provided for in the order pre-
vIously issued by Judge Chester with reference to
any illegal acts combinations which alleged
10 have been entered into prior TO May T. 1897. tho
statutes OF 1898 and 1895 relating Illegal combna-
tons having specifically repealed by the act OF
1897.
II would appear that the counsel OF the coal roads
take the position that certain acts OF previous
years repealed by the Antitrust act OF 1897 are
necessary in the prosecution OF trusts, and
that therefore no prosecutions can now be
made until the new Antitrust law is amended
Whatever the Interpretation Of their papers they
do assai the validity OF the Antitrust law and the
proceedings taken by the Attorney General under IT,
Various irregularities are alleged, upon which the
motion will be based. II is charged that the pet-
tion fails show that any or the facts therein d.
legged occurred since the new law went into effect
on MAY I; that the petition does show that any
Illegal act has been committed since May 1897.
thar any Is contemplated in the future. to which
relief by injun cton would be proper; that the pet
tion does not show whether any OF the alleged
effect within this State. and that the petition falls
10 show against whom the petitioner Is desirous OF
determining whether any action should be brought
The lawyers Of the coal-carrying companies
frankly say they believe the contest over the valid
iiv of the law will keep Mr. Sloan and other rail-
road presidents from appearing In Albany witt
nesses In trust prosecution for at least year
and half.
The anthracite coal companies are said to have
decided to fight at all points the investigation
Instituted by the At;orney yGeneral OF the State OF
New-york under the Antitrust law. The first
atom is the obtaining from the Court OF the order
~ show cause, which will throw the burden OF
nroof on The Attorney General and compel him to
Delaware Lackawanna and Western Railroad
said he regarded as unconstitutional the law under
which the proposed investigation was 10 be held
and he would second by all proper means the
mea s,lres 10 prevent the inquiry. lie said there
was coal combinaticr