New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-15
TO HUNT THE COAL TRUST
FIRST PROCEEDING UNDER THE LEXoW
LEGISLATION.
PRESIDENTS SLOAN. WILBUR oLYPHANT AND
FOWLER SUMMONED TO GIVE TESTIMONY

pRrsrpENrs SLOAN WILBUR ELEPHANT AND
FOWLER SUMMONED TO GIVE TESTIMONY
BEFORE REFEREE IN ALBANY
[BY TELEGRAPH TO THE TRIBUNE.l
Albany, May 14.-Attorney General Hancock
has begun proceedings against the alleged Coal
Trust under the two Antitrust laws which were
signed by Governor Black few days ago. Sen
ator Lexow was here yesterday and to-day and
as he was the chief member Of the Legislature
most interested in antitrust legislation. IT is
believed that he had something to do with the
present action Of the Attorney-General. John
C. Davies, Deputy Attorney General. applied to
Judge Alden c. Chester Of the Supreme Court.
on Tuesday for an order appointing ref
cree to take testimony to ascertain whether the
Attorney General can procure sufficient Evidence
to make out a case under the new laws. These
proceedings we're kept secret, az 1t was desired
to have the subpoenas served in NewYork be-
fore they were made known to the public. The
subpoenas were taken to New-York last night.
and some OF them were served there to-day.
Judge Chester appointed ex-Assemblyman Wal
ter E. Ward to take testimony.
The order Of Judge Chester does not declare
what trust Is affected. but the subpoenas indicate
1t is the Coal Trust. The subpoenas Issued are
for President Sloan. Of the Delaware. Lackawan-
ma and Western Railroad; President Wilbur. of
the Lehigh Valley; President Olyphant. Of the
Delaware and Hudson and President Fowler. OF
the Ontario and Western. Erie and New-Jersey
Central officials also may be cited to appear.
Attorney-Genera Hancock has engaged }. New
ton EYero as the States special counsel In the In
vestigation.
Mr. Ward said this afternoon that the investi-
CATION would begin before him next Thursday
morning In tie rooms Of the Court OF Claims, IN
the Capitol and the presidents OF the coal ROADS
running through this State had been summoned
before him. II know nothing more about the
matter" he added, than that shall begin 70
take testimony on the Doth OF this month. 1t is
an anti Coal Trust proceeding OF the Attorney
General. That is all that IS obvious now
Judge Chester said: Il had the papers IN the
case In my hands only a few minutes and
did not have time to examine them carefully,
with a view to understanding them COM
pletely The recent antitrust legislation per-
mits the Attorney-General TO appear before any
Justice of the Supreme Court and there to pre-
sent his evidence as to the alleged existence OF
o. trust contrary to law. do not know what
trust Is aimed at and had no means to find
out. as that fact was not vouchsafed by the ap-
plicant for the order"
The new Antitrust law says:
Whenever the Attorney General deems It neces-
sary or proper to procure testimony before negln-
ming any action proceeding under this chapter
he NAV present to any Justice OF the Supreme
Court an application In writing for an order d.
recting such persons as the Attorney-General
NAV require to appear before a Justice OF the
Supreme Court or a referee designated IN such
order and answer such relevant and material QueS-
tons as may be put to them concerning any al
legged illegal contract, arrangement agreement or
combination in violation of this chapter. If it APP
pears to the satisfaction Of the Justice Of the Su-
preme Court to whom the application for the or
der is made that such an order is necessary. then
such order shall be granted
Mr. Ward will have power to examine the
officials and employees Of the alleged trust and
compel the production Of books and papers II
witnesses refuse to answer any question asked
they may be punished for contempt OF court
Mr. Ward Is a member of the law firm Of Ward
& Cameron, Of this city.
The law under which the Acknowledgements
office acted provides that the Justice to whom
the application for an order Is made IN his dis
erection may require notice to be served on tho
other side, and give sufficient time for answer.
That Judge Chester did not do this. but immedi-
ately granted the order, Is due to the fact that
the Attorney General was afraid that the neces-
sary witnesses would not be found In THIS state
| IL notice was thus given.