The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-31
Coal Trust in Kansas Again
Boosts Prices.
Retail Price of Usage Is Now
$4.75.
ARE PEOPLE HELPLESS
Apparently the Anti Trust Law
Is Dead Letter.
fragrant Violation Does Not
Waken the Officials.

At meeting of the Usage county coal
operators at the office of the Mount
Carmel Coal company, on Ninth street.
Saturday night, an agreement was
reached making the advance Of 2e
cents per ton on Usage county coal,
effective September 1. This increase
has been predicted for several weeks.
Now coal costs more at the mine than
it cost at retail year ago. The retail
price Of coal has been s4.50 during
August. Tomorrow it advances to $475
A full attendance of Usage county
operators was present at Saturday
nights meeting. The operators are very
reticent about the business of the
meeting. which like all others Of the
association are secret. There was a
division of opinion over the proposition
to effect an understanding among the
operators by which there would be no
underwriting of coal prices at the
mines. The price now is $310 per ton.
1t would look as though the action of
the Usage county coal operators in
holding meeting Saturday night and
boosting the price of coal another 3
cents to the highest point it has ever
reached, ought to give the attorney
general SOmeLu1nR TO Qu
which will be of immediate and prac-
tical benefit to the people of the state.
1t is charged that every operator in
Usage county was present at the meet
ing Saturday night, and the action ta-
ken was in plain violation of the anti
trust law of Kansas. The provisions of
this law which apply to the coal COM
! bine are as follows:
"A trust is a combination of capital.
.nfe Nv fxxrn or.
firms, corporations, or associations OF
persons, or either two or more of them.
for either, any or all of the following
purposes:
( .eFourth to fix any standard or figure,
whereby its price to the public shall be.
/ in any manner, controlled or establish
ed, any article or commodity of mer-
chandise, produce or commerce intend
ed for sale, use or consumption In tals
state.
'Fifth-To make or enter into, or ex-
ecute or carry out, any contract, oDl-
CATION or agreement of any kind or de-
scription by which they shall bind OF
have to bind themselves not to sell
I manufacture dispose of or transport
any article or commodity, or article OF
trade use, merchandise, commerce or
| consumption below common standard
figure; or by which they shall agree III
any manner to keep the price of such
article commodity or transportation ar
fixed or graded price; or by whlcn
/
settle the price of any article or COM
modify or transportation between them
/ or themselves and others, to precluoe
a free and unrestricted competition
among themselves or others in trans-
porta ton. sale or manufacture OF any
such article or commodity; or by when
they shall agree to pool, combine or
unite any interest they may have in
connection with the manufacture. sale
or transportation of any such article
or commodity, that its price may in
any manner be affected"
In a conversation about the alleged
/ coal trust several weeks ago Attorney
General Coleman jokingly remarked that
| he was like some county attorneys-h
the evidence that the law is being vio-
lated is brought to him he is willing to
/ look into it. Since this last meeting of
( the operators at which an advance in
/ the price of coal was agreed upon, Mr..
Coleman concluded that the evidence is
already before him.
/ 1t certainly should not be difficult to
obtain evidence as to the violation Of
! the law now, for section 10 Of the anti
/ trust law provides that any person sup
posed to have any information on the
4 subject may be summoned before any
1 district court and compelled to tell what
/ he knows under penalty of punishment
/ for contempt but such testimony shall
I not be used against the witness in a
criminal prosecution.
| AS TO the punishment of persons in a
/ trust the law provides as follows:
!
corporation, their officers, agents, rep
resentatives or consignees, who either
directly or Indirectly violate any of the
provisions of this act shall be deemed
guilty of a misdemeanor, and on con-
viction thereof shall be subject to
fine of not less than one hundred dol
| lars nor more than one thousand dol
lars. and shall be imprisoned not less
than thirty days nor more than six
months, and in addition thereto, for
each and every day thereafter that
such violation shall be committed or
continued forfeit and pay the sum OF
one hundred dollars, which may be re-
covered in the name of the state OF
Kansas in any county where the offense
| is committed or where either of the
officers reside; and it shall be the duty
which said violation shall occur, or
either of them, to prosecute and en-
force the provisions of this act"
Another provision of the law is as fol-
lows:
TT shall be the duty of the attorney
general of the state and the county at
torneys in their respective counties to
diligently prosecute any and all persons
violating any of the provisions of this
act and it shall be the duty of all
state and county officials having notice,
and knowledge of any violation OF fhe
provisions of this act to notify the coun-
ty attorney of their respective counties
and the attorney general of the state of
the fact of such violation, and to fur
nish them with the names OF any Wit
nesses by whom such violations can be
proved.
IF any such officer or officers shall
fail to comply with the provisions of
this section he shall upon conviction he
fined in any sum not less than 500
nor more than 81 900. and such convic-
ton shall be a forfeiture of the Office
held by such person. and the court be-
| fore whom such conviction is had SHALL
/ in addition to the imposition Of the fine
aforesaid. order and adjudge the forfei-