Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-04
TO SHOW CONTRACTS
Decision Against Anthracite
Coal Roads
IN SUPREME COURT
DISCRIMINATION ON THE PART
OF THE COMPANIES ALLEGED.
Ruling Of the Circuit Court Of New
York Reversed-opinion by
Justice Day.

The case of the interstate commerce COM
mission against Baird, commonly known
as the anthracite coal case, was decided
by the Supreme Court of the United States
today in favor of the contentious of the
commission, the decision of the United
States circuit court for the southern dis
trict of New York being reversed. This is
the case instituted before the commission
by w. r. Hearst Of New York, who alleged
discrimination by the railroad companies
which reached the anthracite coal mines in
Pennsylvania. During the hearing some
of the witnesses refused to produce certain
contracts bearing upon the business Of the
railroad companies and the coal mines,
which action was upheld by the circuit
court of New York. The United States
Supreme Court held that the contracts
should have been supplied. The opinion
was handed down by Justice Day.
Complaint Filed In 1909.
In handing down the opinion of the court
Justice Day said that the case had grown
out of a complaint Of VIM. Randolph Hearst
filed in 1902 with the interstate commerce
commission against the Philadelphia and
Reading. the Lehigh Valley, the Delaware
and Lackawanna- the Central Railroad
Company of New jersey and other railroad
companies and that 1t came to this court
on an appeal from an order made In the cir
cult court of the United States for the
southern district of New York in the matter
of the petition of the commission for orders
requiring the testimony Of witnesses and
the production of certain books and papers
in pursuance of the requirements of the in
terstate commerce law.
The first point decided was that of jurfs-
diction. which the court decided 1t had un-
der the law of 1903 regulating interstate
commerce. and therefore refused to enter
fai in ha n dismiss W Uhich made
by the railroad companies.
The court also held as irrelevant and in
applicable the point made in behalf of the
railroad companies that Mr.. Hearst the
complainant, had sustained no damage in
the case, saying that under the mandatory
provision of the law the commission could
not do otherwise than investigate.
Coal Purchase Contracts.
Coming then to the specific items of testi-
mony which the circuit court in dismissing
the petition considered irrelevant, the court
first considered the coal purchase contracts.
These contracts were made with coal COM
panies owned principally by the railroad
companies, and fixed the price of anthra-
cite COAL shipments to be made as called
for by the purchasers. While the con-
tracts were produced for inspection the
witnesses refused to permit them to be
given in evidence.
In passing upon this point Justice Day
said: 1.-The railroads are all engaged in in
terstate commerce, and into their affairs
and methods of doing business the commits
sion sought to and Is lawfully authorized
by the commerce act to make investigation
The commission has the right to know how
interstate traffic is conducted, the relations
between the carrier and it's shippers anG
the rates charged and collected. We see no
reason why contracts of this character,
which have direct relation to a large
amount of carrying trade, can be withheld
from examination as evidence by the COM
mission