Waterbury evening Democrat., 1903-04-23
THE SUPREME COURT WILL JUDGE.
Counsel For People Want Papers Produced tp Prove Unlawful Dis- crinnination Has Been Made
 In Railway Rates.

NEW YORK, April 23.--At the after noon session of the hearing now being held in the federal building on the charge made before the interstate com merce commission to the effect that certain coal carrying railroads by pool ing interests and discriminating in rates are violating the interstate com merce law 1t was announced that coun- sel for the railroad companies con- cerned in the case had decided to re- fuse to produce contracts asked for by Clarence Shearn, counsel for W. R. Hearst, who petitioned for the investi- gation.
 George o. Waterman, secretary of the Central Railroad of New Jersey, of which George r. Baer is president, was called to the witness stand and asked by MT. Shearn to produce the con- tracts. He refused upon the advice of his counsel, and the commissioners re- quested him to produce them. Again through his counsel he refused, and the commissioners after consulting among themselves directed him to produce them. His answer was another refusal, and 1t is now believed that large snag has been struck in the case.
 W. W, Ross, counsel for the Della ware, Lackawanna and Western Coal company not only said that he had re fused to produce the contracts on the ground that they were not material to this inquiry, but that he would carry the matter to the supreme court of the United States if necessary before he would produce them. On these con- tracts, it is said, Mir. Shearn depends to prove that the railroad companies or the coal companies showed unlawful discrimination in their rates.
 Tn the course of Mir Waterman's ex- animation by Mfr. shearn the witness admitted that George F, Baer was president of the Lehigh and Wilkes barre Coal company as we'll as of diff ferent railroad corporations MT. Wa terman is secretary of the coal com pany.
 He admitted thnt the railroad com panies owned nine-tenths of the 10000 shares of the coal company. This, 1t is contended, will be declared a violation of the railroad company's charter.
 Bitter remarks by counsel, followed by sharp retorts, had marked the con- tinuance of the hearing.
 Judge Campbell, counsel for presi- dent George F. Baer of the Philadel- phia and Reading railroad, indulged in an outburst against the nature of the charges, asserting that "it was all fool ishness.'
 'I will show he continued, "that the people of New York who had been buying coal cheap cried out like whip- ped dogs when the operators asked fair profits"
 Clarence Shearn was on his feet in an instant and retorted that the people referred to as whipped dogs should remember that the man who had thus referred to them was counsel for an- other man who had opposed President Roosevelt.
 $. H. Stafford, shipper at Perth Am. boy for Coxe Bros, was the next wit ness and was asked many technical questions, particularly about the rela- tive cost of shipping anthracite and hi- luminous coal. He testified that it cost less to ship anthracite than bftunii- nous, as it could be handled more easi- iy. Charles Weston, who was with the Philadelphia md Reading Coal com pany, also was asked about the cost of shipping coal, and his testimony agreed with MT. Safford's.