New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-16
ANTITRUST LAW HEARING
ATTORNEY GENERAL GRANTS STAY IN
REGARD TO QUESTION OF COAL
MINE OWNERSHIP.
fry TELEGRAPH TO THE rRrpuNE.l

Albany. oct 15.-Attorney General Davies
gave a hearing to-day upon the application
which was recently made to him for permission
., hiring a suit under the antitrust law OF the
C,o,a AGAINST the coal carrying railroads of the
state for an alleged violation of that law Gar
ence J. Shearn appeared for the complainant
David Wilcox of New-YOrk, for the Delaware
and Hudson. and Charles NJ. Hough' OF New
York for the Pennsylvania Railroad Company
There were also submitted to the Attorney
General answers from coal carrying roads and
c,a, cornnanies I'm reply 10 the complaint. Mr..
IVirIcox submitted for the Delaware and Hud-
eo,, an answer in which that company denied
that 1T ever fixed received any prices for
coal sold by il entirely independently ana
upop its own judgment with reference 10 the
vaIue of the coal and the prices at which 1t was
nroner 10 sell the same in view of the state
Of the market" The Reading company.
through James Armstrong. its attorney, denied
every allegation that it entered into any agree
ment contrary to the Antitrust law. The
Lehich Valley Coal Company denied that it
had been any party to any monopoly i'll the
production or sale Of coal The Delaware,
Iackawanna and Western Railroad Company
through President Truesdale, denied that 1t
had entered into any combination for the pur-
pose of preventing competition in the sale of
coal The New York. Ontario and Western
RaiIrav COMPANY through John B. Kerr its
attorney denied that it had entered into any
agreement with any of the companies named
in the application that it or they should refrain
from all competition in freight rates on
thracite coal The Central Railroad Company
Of New-Jersey, through De Forest Brothers,
it's attorneys denied that It had made any
combination whereby a monopoly In the produc-
ton or sale in the State OF New-York of an
thracite coal Is or may he created. The Erie
Railway denied that ii was in any combination
on coal transportation rates
Mr. Shearn made an argument of hour
and Il half In support Of the application. He
said the coal carrying railways either directly
or indirectly owned most of the coal mines,
transported the coal TO market and sold it. He
described the investigation by Congress in 1892
Of an alleged combination to have uniform
price for coal. and declared that il was then
shown that there was such a combination. He
then described the efforts OF independent coal
miners TO mine and sell coal in competition
with the great coal carrying railroads and es
pecialIy the recent plan OF independent oper-
ators to build railroad OF their own from the
mining region Of Pennsylvania to the Hudson
River. All these efforts to break the alleg&l
combination had failed because prominent In
dependent miners had sold their property 20
the coal mining companies
Mr. Wilcox In reply stated that the Delaware
and Hudson had not made any such agreements
those 10 which reference had been made.
Mr. Shearus reference 10 uniform railroad rates
for the carriage Of coal called attention TO no
mystery FOR the railroads were merely obeyiug
the national laws requiring uniform railroad
rates.
Mr. Hough on behalf OF the Pennsylvania
Railroad company said the company could not
carry anthracite 70 New-YoTk except by u most
Circuitous route
Mr Wilcox then asked for permission for
himself and the other counsel If the coal carry
iuS roads 10 examine "a typewriter copy OF Mr..
Shearns remarks and submit "A reply 10 them.
Mr.. Shearu objected 10 delay
1t has been the custom always of this de-
partmcnt.' said Attorney General Davies. TO
grant such application as that made by Mr.
Wilcox There are matters OF the Cravest con-
Germ that all here have been considering.
and care should be taken before any action is
taken upon them. II hurryiug up a decision on
this application would bring coal I would sit
up all night examining the papers presented
here. but ~ would not We are all hoping that
the intolerablc and unhappy condition OF the
coal trade will soon end
The Attorney General then postponed the
further consideration Of the application 10 Oc-
tOber