The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-14

pose is, under the circumstances, little
short Of absurd.
The Decision Of Judge Lacombe in
tho Coal Cases.
Some time ago an investigation was
instituted by the Interstate Commerce
Commission against the anthracite coal
railroads which had been charged with
imposing unreasonable and unjust freight
rates for the transportation of anthracite
coal, with exactins moro for such trans
portation than for that Of bituminous
coal or other carload freight, with COM
bining to pool and divide among them
selves freight and freight traffic Of an
thracite coal, and with discriminating
In their rates against private operators
Of coal mines.
In tho course OF this investigation tho
secretary Of the Lehigh Valley Coal Com
pany-owned by the Lehigh Valley Rail-
road--was asked to produce all contracts
for the purchase and transportation Of
anthracite coal between that company
and any producers Of anthracite coal. or
owners or operators OF coal mines; and
the secretary OF the Guaranty !, ust
Company and Mr.. GEORGE F. BAER were
asked to produce the Temple Iron Com
pany contracts. These witnesses 70
fused to produce the contracts In ques-
ton. Other witnesses were recalcitrant
In refusing to answer certain questions.
For instance, Mr.. EBRN B. THOMPSON
refused to answer these questions:
VINO n1sd the price Of the eesl Of the Hillside
oo.i and Iron Company and the Pennsylvania Coal
Company that WAS sold At tidewater during your
connection with those propeHiss'
-Are the prices Of anthracite coal at udewatsr
nxsd BY asrsemeas between the presidents Of these
aiasrea, osal cempahsst"
Mr.. WILLIAM H. TRuEsDALE refused
to answer the following questions:
"Ysu maintain sales department Of your own a.
the city OF New YORK. dent you'
DO you sell anthracite coal At udewster,
what Is the Price Of coal to-day sold By the
Delaware. Lackawanna aad Western At tidswatssf
what has happened 70 rake the advanced Has
there been any change that you know Of in the
supply OF coal since Yesterday"
Upon the refusal of these witnesses to
produce the GocLnents called for or to
answer the questions propounded. a
petition was filed in the United States
Circuit Court for this District to compel
the production Of the documents and tho
answering Of the questions. The matter
came before Judge LAcoMBE, who has
rendered very able decision unfolding
the witnesses in their refusal
The Interstate Commerce Commission
act and the acts amendatory thereof
have been held by the Supreme Court Of
the United States to be constitutional,
and in 1898 that court held the twelfth
section of the act, authorizing the COM
mission to invoke the aid of any Of the
Circuit Courts in requiring the produo-
ton Of papers and the testimony Of wit
nesses, to be within the language OF the
Constitution.
The matter, therefore, was regularly
before the Circuit Court, aside from the
preliminary objection that the original
complaint was not made by shipper Of
coal, but by complainant who merely
purchased merchandise. This prelimi-
nary objection, Judge LACoMBE holds,
has great force, but he does not deem
it necessary to decide the question, be-
cause the other objections raised are
sufficient.
The learned Judge says that the con-
tract Of the Lehigh Valley Coal Com
l. ~
and does not deal at all with the subject
of transportation, and that it is a contract
made in the State Of Pennsylvania and
to be completed therein by the delivery
of coal at the breakers. The contract is
not relevant to the question Of reason
able rates or discrimination, and he
therefore denies the petition to direct
its production.
The Temple Iron Company contracts,
he says, are parts Of the machinery by
which certain combination prevented
the building of new road, but that az
this case is not a prosecution under the
Sherman Antitrust act, they are irrele-
want to the proceeding before the Inter-
state Commerce Commission.
The Court further sustains the other
witnesses in their refusal to testify, on
the ground that the questions asked re-
late wholly to the sale of coal and not
to it's Transportation.
This decl is important, because it
virtually hoA Shat such investigation
must be kept " Nm proper limits, and
that the Interstat. commerce Commits
sion has no power inquire into con-
tracts Of purchase or Aale made within
State and to be completed within q