The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-08
COAL TRUST FIGHT.
The New York Law As
sailed as an Invasion Of
Private Rights.
AGAINST The CONSTITUTION
Indecent Haste of the enforcement
Five Days of IL
legality.
AGAINST The CONSTITUTION

ALBANY, N. Y, June s, 1S97.-Judge
Chester in chambers this morning opened
at ten o'clock the hearing in the applica-
tion OF, the counsel for the presidents of
the various coal railroads to vacate and
order directing the examination of such
presidents before a referee. There ap-
peared in support of the motion David
Mcclure for the ID. L. & w. r. R., repre-
senting President Sloane; r. w. DeFor-
est for the New Jersey Central. repre-
senting President Maxwell: John D. Kerr,
for the Ontario and Western. represent
ing President Fowler. and Messrs Will
cox and Carr, for the Delaware and Hud-
son r. r., representing President Oil
phant. The Attorney General was rep
resented by Attorney General Hancock,
Deputy Attorney General Davis and
! special counsel Fiero. The pleas of the
gel for the railroad residents were
xs.y similar in tone and character. Mr..
wilcox opened and was followed by the
otners. The argument involved the con-
suaara sssltn5onaHfy S OF the law to quite large
Aarof OF yacat1ng the stay were:-
Inc order for the appearance and ex-
aamlnation an of the persons named should
which it was granted was and is insuffi-
cient to justify the order made.
AS AlShl u enter upon ana conduct
an an, investigation. inquisitorial in its
character, is so contrary to our notions
OF personal security and is attended
with such possible dangers, it should
only be exercised il clear case. and
then under suitable restrictions, is not
a. al doubtful. The private affairs of
the Constitution and such procedure as
may, not must, result in the invasion of
tnat right OF privacy. should be con-
The petition or application amounts to
nothing and it is clearly insufficient for
such an order. The allegation as to a
combination and that the persons named
know something about 1t is on the infor-
nation and belief of the petitioner with
tion is of no avail. The facts showing
the occasion for the application must be
stated.
When the combination was entered into
is not stated, Yet the time of its making
Is material because no law making It
illegal antedates the statute Of 1897
informed, yet that is of consequence be-
cause it Is difficult to see how the Legis-
lature of the State of New. York can
make e combination entered into in an
other State, where it is not prohibited
illegal. Nor are we advised either in
terms or by implication who are, or
the court should have some information
on that subject before authorizing an in
combination will produce monopoly,
will prevent competition, or will restrict
the free pursuit Of any lawful business;
sustained at all, what is here done and
decided viii become a precedent for
all proper ana suitable re
strictions and requirements be now es-
tabIished as prerequisites to the exer-
Of the citizen in his private business af-
fairs is not to be lightly disturbed nor
should it be made easy for prosecution
inquiry. The danger is great, however
much the exercise of this power is lin
tied and restrained; It should not be
auirements and limitations that wi win be
OF yalge in r3e,t preserying the ,+,eons con
and Wheh haHa Been regarded and
maintained as of the greatest Importance
to that end.
The law under which this application
was made has been In existence but five
a prior law law cam sh be found WHICH is0i makes
such combinations as are limited at IL
The preservation of the citizens con-
etitutional right Of security from inquisi-
Hon of the Attorney General of the State
81 necessity, he thinks, exists and more
entitled to consideration than his state
That portion Of the act Of 1897 which
authorizes an investigation under the or
Der of a Supreme Court justice in ad-
vance of any action pending or about to
be commenced cannot be sustained as a
valid exercise OF legislative power It
offends the constitution in three re-
spects:-
First-An imposing on the judiciary
duties not Judicial in their ckaracter.
sss9ndn DERIVING the citizen Of his
when speech may tend to convict of
crime without. affording him the absolute
immunity he Is entitled to.
Third In making certain provisions of
law applicable without embodying the
law, but leaving it as q matter, Of dis
Other and graver questions as to the
power of the Legislature to pass law
braced in the act in question are present
ed for consideration
They are not touched on here, be-
Of reasonable probability the present or
urged against it. Those questions may
Otherwise a vi w valid is before the the Court. 60 G.'s
AS against any delay or vacating of
the orders granted and in support of the
constitrtionaHty Of the act, J. Newton
Fiero, for the Attorney General, argued
that the Attorney General vas not up
act Obliged to state that he proposed to
simply that he may summon witnesses
be Justified in beginning such action. The
fact that the statement of an alleged
sea is oe made e3 p4n Inf vaa
right of the Court to grant an or
der The petition does not set forth
facts because the Attorney General has
not possession of absolute knowledge. in
the matter If, as the defendants claim,
the allegations not being made enough in
detail are bar to prosecution why the
Legislature has failed signally in ac-
complishipg its object of giving a simple
and direct method of procedure. Such a
conclusion involves an absurdity. The
act was constitutional. 1t did not in
fringe upon personal rights any more
than did any law requiring witnesses to
give testimony.
During the argument Mr. David Nc
C1ure argued in relation to all corts of
combines.
MISS sQUJREs RECOVERING.
WASHINGTON. May g. 1897 miss
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