The sun., 1897-05-15
TO LOOK FOR A COAL TRUST.
SIX PREsIDENTs SUMMONED TO AP-
FEAR IN ALBANY ON MAY 20.
Attorney.GenornI Hancock seeking Evidence
on which to Base y suit Under the Now
Anti-Trunt Baw-The Presidents say That
No Consultation Exiats-TeSt or the Petition.


On which to Baso = suit Under the New
Antitrust Bnw-The Presidents say That
No Combination E1ists-TeSt OF the Petition.
Justice Alden Chester Of the Supreme Court
OF the State Of New York granted order on
Wednesday directing that the Presidents Of six
OF tho loading anthracite coal mining and trans
portation companies should appear before ref
eree In Albany on May 20 to answer questions
as to alleged violations OF tho antitrust laws
passed at the last session of the Legislature. The
order was granted on the application OF At
torncy. General Hancock, verified by Deputy At
torney-Goneral Davies, and the summonscs were
served on tho Presidents In this city late Thurs
day afternoon.
The order to appear was directed to Presidents
Samuel Sloan Of the Delaware, Lackawanna and
Western Railroad Company Robert NJ. Olyphant
of tho Delaware and Hudson Canal Company,
Thomas p. Fowler OF the New York. Ontario and
Western Railroad Company, ]. Rogers Maxwell
Of tho Central Railroad Company OF New Jer-
sey, Joseph S. Harris Of the Philadelphia and
Reading Railroad Company, and Elisha p Will
bur of the Lehigh Valley Railroad Company.
In the petition Of tho Attorney General on
which the order was granted he says: Under
and by virtue Of the provisions of chapter 3s3
of the Laws of 1897. entitled An act to prevent
monopolies of articles or commodities OF COM
commerce, providing penalties for violations of
the provisions of this act, and procedure to on
able tho Attorney General to secure testimony
in relation thereto, he is authorized to bring an
action in the name and behalf of the people Of
the State against any person, trustee, director.
manager. or other officer or agent Of a corpora
ton, or against corporation, foreign or domes-
State Of any act therein declared to
be illegal, or any act in, toward. or for the
making or consummation Of any contract. agree
hibited wherever tho same may have been made
That such illegal and unlawful acts therein set
forth are defined In and by said act, ana in and
by the provisions of chapter 3s4 of the Laws Of
1897, entitled An act to amend the stock cor
bilitics Of officers, directors and stockholders Of
foreign stock corporations.'
;. Your petitioner further shows that he deems
II necessary and proper to procure the testimony
of tho following witnesses before beginning any
action or proceeding in reference to the matters
$50 and chapter sst Of the Laws Of i 1897 Viz
Samuel Sloan, residing at Now York city; Rob
Thomas +. Fowler residing at New New YORK % city: city
J. Rogers Maxwell, residing in Brooklyn; Joseph
:. Harris, having an Office in New York city;
Elisha +. Wilbur, having an Office in New York
city aEi,b,. r0rr n,.,,,on., :. -, -, ,0
lieves that such persons have knowledge and
information as to such illegal contract, ana is
desirous OF examining such persons under oath
for tho purpose of determining whether an
action or proceeding should be commenced
under such acts against any person, trustee. di
rector. manager or other officer Of corporation
against n corporation foreign or domestic,
and OF examining and procuring the testimony OF
persons hercinbefore named as witnesses under
the provisions OF such acts.
=" Your petitioner further shows that it is not
practicable to set out with greater partlcularity
chapter 8 of the Code OF Procedure on like appli
cations. That no previous application has been
The Attorney. General then asks for an order
directing the witnesses named to appear before
referee TO answer questions to as any alleged
illegal contract or combination.
In granting tho order Justice Chester names
Walter Z. Ward RS the referee and the court
room Of the Court of Claims in Albany on May
20 AS the plnce and time for taking testimony.
Reyond expressing regret, at the inconvenience
Albany, and possible detention for several days.
the Presidents OF the New York companies ex-
pressed no concern Yesterday as to the result OF
discuss the action Of the Attorney General. and
only reiterated the statements OF the ON.
no agreement or combination existed between
the anthrasite HI coal companies: Prssident Fow.
We will prove in this Investigation that no
coal trust exists There is no contract agree
else to keep up the price Of coal or monopolize.
the trade. One company issues It's circular of
r will sell "n and thoTf pros
trade to-day is governed entirely by the law of
supply and demand. The poor people who live
in tenements and buy their coal bucketful at u
rcctcd by the establishment by the city OF coal
yards at which the poor could buy as cheaply
others. l do not think that the least Importance
should be attached to this contemplated ed investi-
CATION"
1t IL probable that an effort will be made to
obtain an amendment OF the order that will
permit tho testimony to be taken In this city in
stead Of in Albany. President Harris of the
Reading lives in Philadelphia, and President
Wilbur of the Lehigh Valley in Bethlehem, Pa;
therefore neither can be cornp under this
order to attend as n witness in Albany. 1t is
thought, however. that both OF these gentlemen
would willingly appear before the referee in this
city.
Mr.. Ward. who was appointed rcferee. Is an
anti-Platt Republican. So lie AttOrney-Generai
Hancock and all Of his deputies. Deputy Attor-
ney- General Davies OF Oneida county. who has
always fought Chairman Charles W. Hsckett of
the Republican State Committee In the political
fights OF that county. will look ter the interests
OF tho Attorney.General at the hearing before
the referee.
J. Newton Fiero has been retained by the At
torney-Gcneral to appear as special counsel for
his department In these proceedings. Mr.. Ficro
IL an Albany lawyer, and was RESP Nnsible for the
Personal Tax law which Is nov being 30 OBJ
n0xiously enforced as to drive men Of wealth
out of the State.
CAUGHT IN THE FENDER.