The daily morning journal and courier., 1903-06-13
DECISION FOR THE ROADS
COAL CARRYING COMPANIES
 WIN IMPORTANT POINT.
Judge Laoombe Refuses to Compel Pro- duction of Contracts Asked by Inter- stato Commerce Commission-Presi- dent Baer Excused from Giving Up Temple Iron Company Documents.

dent Baer Excused from Giving Up
 Temple Iron Company Documents.
 New York, June 12.-Judge Lacombe in the United States Circuit court to-. day handed down an opinion in the ap- peal taken by the Interstate Commerce Commission against the coal carrying. roads to compel the witnesses to pro-. duce certan contracts and answer cer- tain questions, which were refused by the witnesses on the advice of counsel. Judge Lacombe sustains the position of the railway companies in every particu- lar except in one minor instance.
 The court denies the motion to re- quire the production of these contracts upon the ground that they are irrele- want to the proceedings. President George F. Baer is also excused from the production of the Temple Iron com- pany contracts for the same reason.
 Ill the case of the witness Ehen E. Thompson, the court decides that he need not answer certain questions put to him upon the ground that they re- lated wholly to the sale and not the transportation of coal. MT. Thompson was asked if he conducted the business of selling coal so as to avoid reckless competition, and who fixed hte price of coal of the Lehigh Valley company, and the Hillside Coal and Iron company, and the Pennsylvania Coal company. at tideWater, and if the prices of coal at tidewater was not fixed by agree ment between the presidents of the va rious coal companies. . rsst.s. t,s: The one instance wherein Judge La combe orders a question answered Is in the case of President William H. Trues- dale, who was asked, What elements or expenses are included in the item of $91, ,32155 for general expenses The court decides that as s the document containing that item is in evidence be- fore the Commission the witness should answer. The court, however, deined the motion to compel President Trues- dale to answer the following questions:
 "Who sells your coal on commission 2" Do you consider that 20 cents a ton commission that you have charged here against the cost and expenses of min ing, is fair and reasonable charge for commission?'' You maintain a sales department of your own at the city of New York, don't you?" t'Do you sell l anthracite coal at tideWater?' What is the price of coal to-day sold by the l D., L. & W. at tidewater?' What has happened to make the advance?" "Has there been any change that you know of in the supply of coal since yester- | day?" Have you observed any change | in the demand for coal since yester- ! day?" Has the cost of producing coal
 gone up any since yesterday?' t'Who l fixes the prices of D., L. & w. coal at tidewater?'' "FIow do you account for the fact that the price circulars are | uniform, if there is no agreen1ent?' | Don't you know from your experience | and knowledge of the business that the
 increase in wages vii not make differ ence of over fifteen cents ton in the
 cost Of producing anthracite coal?"
 ! After the decision of Judge Lacornbe
 was served upon him, Chairman Knapp
 was asked what, if any, action the com
 mission will take.
 There are only two of us, in the | city," he said, land we shall have te
 meet and talk it over before we reach
 any decision as to our course of action
 My own impression is that we shall ap-
 peal from the decision and appeal as
 promptly as possible"