Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-27
MAY Be PROSECUTED
Possible Effect of Interstate
Commerce Hearing.
LEGAL STEPS LIKELY
IF VIOLATION OF ANTI-PoOLING
LAW IS FOUND.
Defiant and Insolent Attitude OF Oe-
PENDANTS Has Already Aroused
Public Indignation.
LEGAL STEPS LIKELY

Considerable Importance attaches 10 tho
hearing by the interstate commerce coni-
mission of the complaint against the an
| thracite coal roads, which will be resuI'leu
In New Yorl, this week. If the colnplaih'
ia sustained by the commission in one par
| ticular especially it is said that legal pro-
ceedings will be inevitable against the an
thracite coal combine.
Another feature of the case is that the
testimony developed may force the Depart
ment of Justice to take cogn1zance OF the
situation and begin proceedings under anu
+rnst laws kind of Pandoras box of in
dustrial possibilities has been opened IN thls
case. and officials of the government do not
conceal the fact that the outcome may De
important.
Three principal allegations are made Dy
the complainant. namely:
First. That the rates charged py Tue u
fendant railways (the anthracite coal roaos
and their connections) for the transporta-
ton of coal from the mines to New iorH'
Boston, Philadelphia. Baltimore and WASH
ington are unreasonable.
Second. That the rates are dlscriHlha.-
ing, in that they are higher than the rates
on goods of similar grade or even OF
higher class. ,.
Third. That the defendants are vaotata s,ata
ing the anti-poollng secuon OF tile ih'ei
commerce law. =.
The latter specification of the charge is
the most important and the one Whlch VIII
bear the largest results If 1t Is sustained
If testimony is produced to bear out the al
Iepa ton the commission will apply TO the
United States Circuit Court to enJoln eiie
defendants from further continuing tnelr
pool. or may indict them outright Tor VIOLA
ton of the law.
Insolent Attitude Of Defendants.
An interesting feature of the case is the
defiant and insolent attitude OF the de-
fendants which has already aroused pubic
indignation. If that attitude is maintained
pressure may be brought to bear upon the
government for more rigorous investigation
of the conduct of the combining roads, with
efforts to prosecute under whatever branch
of the antitrust law an ofense may De
found
In last weeks hearing the railway re-
fused to produce books and contracts: Inc
understanding that the commission
would apply to the court to compel the de-
PENDANTS to produce the desired evidence.
In the meantime however, this necessity
may be Obviated.
There seems to be no doubt that the COM
mission will be able to secure the books and
contracts bearing upon the relations or the
railways to the coal operators. Whether
these will show absolute evidence OF COM
binatton in violation Of law is quite another
question.
The hearing last week developed well-de-
fined traces or the eneCtS OF tHOTOuSH uL-
derstanding between the railways and tho
coal operators. The railways defied the
government, however. to produce evidence
Of combine In violation of law. They have
maintained all along that they were acting
within their rights, and that no prosecution
could reach them.
However, 1t is recalled that the beef trust
made the same claim and was enjoined by
the courts as result of prosecution by the
Department Of Justice. The Northern Sc
curities Company also was confident 1T was
acting within the law but was knocked out
by the court. Only last week a western
court smashed case of rate discrimination
engaged in by a group Of railways
The Interstate Commerce Law.
The present proceedings are not to be
confounded with the antitrust crusade of
the administration. This case Is not
brought under the Sherman antitrust law,
but under the interstate commerce law To
be sure, the object of both laws is similar,
to prevent the public from being imposed
upon through discrimination, extortion or
combination.
However, while the case thus far has not
opened up vista of approach for the Sher-
man law. 1t is by no means out of the ques-
ton that such an opening will develop The
Department of Justice, in the present state
of public sentiment, will be compelled to
act If the slightest opportunity is given.