New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-15
ATTACK ON COAL TRUST.
THE Plan OF ACTION.
DeLay Until Commerce Commission
Completes Its Inquiry.
rFRoM THE TRIBUNE sUREAu.l


Washington, June 14-Attorney General Knox.
who returned the city to-day and attended
the Cabinet meeting declined to affirm or deny
the report that the Department of Justice would.
when IN possession Of the necessary evidence.
proceed against the anthracite coal carrying
roads. pointing out that IL is poor lawyer who
discloses his plans TO the other side before the
time is ripe for action. The attitude of the de-
partment. however. regarding the prosecution of
a combination doing business in violation OF the
law is well known.
Whenever the Interstate Commerce Commits
sion finishes its Investigations and secures evil
dence showing conclusively that a monopoly is
operating in unreasonable restraint of trade. the
Department Of Justice will institute proceed
ings under the Sherman Antitrust law. as in
terpreted in the merger decision by the United
States Supreme Court. This practice has been
consistently pursued by the government since
Attorney General Knox became member of the
Cabinet. and viii be continued the only GER
tain means Of successfully warning upon cor
porations conducting their enterprises in de-
hance OF the law.
While the Department OF Justice has now in
its possession valuable evidence that may be
utilized at the proper time, the Interstate Com
merce Commission has not yet fully completed
its investigation OF the anthracite coal carrying
roads The hearings have been postponed until
next September at which time it is believed. all
the evidence obtainable will be placed in the
possession OF the government. This informa-
ton regarding the methods and practices Of the
so-called Coal Trust Will then be submitted 10
the Department OF Justice for such action as the
evidence may warrant. r. after thorough ex-
animation of this collection OF facts in connec-
ton with the evidence already in his posses
sion, the Attorney General is convinced that
the government would be justified in bringing
action. proceedings TO enforce the law will he
instituted indicated in these dispatches.
In order TO enter a suit which VIII success
fully withstand the searching review Of the
United States Supreme Court, the government
must be satisfied, first that monopoly exists;
second, that such monopoly restraints or at
tempts TO restrain interstate commerce, in viola
ton OF the Sherman Antitrust law, thus COM
ing within federal jurisdiction; and. third, that
evidence sufficient to prove the allegations Of
the complaint is in hand or obtainable TO estab-
lish the case.
That action by the Department OF Justice
against the anthracite coal roads Will be de-
ferred until the Interstate Commerce Commits
sion has completed its investigation and sub
united to the Attorney General the evidence ad-
duced is pretty well assured. The attitude Of
Attorney General Knox IN relation 10 the coal
roads clearly indicated in his reply 10 the
resolution introduced IN the House by John
Sharp Williams before the decision Of the
United States Supreme Court had compelled
the production Of the railroad contracts. In
Ibis answer he stated that the Department Of
Justice began an investigation in the fan OF
1902 TO determine whether the anthracite coal
business was conducted through combination
IN viola on of the Sherman antitrust act.
This investigation soon developed that # there
was such a combination il had been so well
concealed that il would be necessary for the
government to conduct q searching examination
IN order 10 secure the evidence required 10 es-
tablsh it,
The Attorney General thereupon requested
that the Interstate Commerce Commission begin
a general investigation into the question 5 10
whether the anthracite coal roads We're engaged
IN pooling, charging exorbitant rates for the
transportation OF coal, preventing the coal from
reaching its natural market, and TO develop
other facts upon which case could be based.
This investigation proceeded until halted by the
refusal Of the coal roads TO submit contracts and
other documents bearing on the operation OF
their business, whereupon under the direction
the courts, and the Supreme Court sustained the
contention Of the government that the contracts
must be produced. It popularity understood
until to-day that the Interstate Commerce Com
missions hearings on this subject would be re-
sumed on June 20, but Il has been found impos-
sible to pursue the public hearings through the
summer, and a postponemert has been agreed
upon until September when every effort viii be
made promptly 10 get al the bottom Of the Sit
uation.