The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1904-04-08
FAVORABLE RULING FOR COM
MERGE COMMISSION IN AN
THRACITE CASE.
DECISION OF LOWER
BODY is REVERSED
Two Other Important Opinions Hand
ed Down Chicago Wins Fight for
" 75-Cent Gas - Maryland Statute
n Sustained. t ~ g'..1,


VS.. Baird, commonly known as the
anthracite coal case, was decided BY
the supreme court of the United States
Monday In favor of the contentious
OF the commission, the decision OF the
United States circuit court for the
Southern district of New York being
reversed. This is the case instituted
before the commission by w. X.
Hearst, of New York, who alleged dis
elimination 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 COM
panies and the coal mines, which &C
ton was upheld by the circuit court
OF New York. The United States SUI
preme court held that the contracts
should have been supplied. The 0pin-
ion was handed down by Justice Day.
Origin Of the Case.
In handing down the opinion of the
court Justice Day said that. the case
had grown ont of complaint OF Will
liam Randolph Hearst fled In 1902
with the interstate commerce commits
sion against the Philadelphia & Read
ing, the Lehigh Valley, the Delaware
& Lackawanna, the Central Railroad
Company of New Jersey and~ other
railroad companies, and that it came
to this court on an appeal. from an
order made in the circuit court OF the
United States for the Southern dis
triet of New York in the matter OF
tho petition of the commissioners for
orders requiring the testimony of wit
nesses and the production of certain
books and papers in pursuance of the
requirements of the interstate COM
merce law.
The first point decided was that of
jurisdiction, which the court decided
it had under the law of 1908, regulat-
ing interstate commerce, and therefore
refused to entertain the motion to dis
miss, which was made by the rail
road companies. The court also held
as irrelevant and inapplicable the
point. made in behalf of the railroad
companies that Mr.. Hearst, the COM
plainant, had sustained no damage in
the case, saying that under the man
.datory provision Of the law the com.
mission. could not do otherwise than
investigate.
Coming to the specific 9 items oil
testimony which the circuit court in
.dismissing the petition considered fr.
relevant the court first considered the
coal purchase contracts. These con-
K tracts were made with coal companies
owned principally BY the railroad com
panies, and fixed the price of anthra'
cite coal, shipments to be made al
called for by the purchasers While
the contracts were produced for in
spection the witnesses refused to per
NIT them to be given in evidence.
Chicag go Wins Case.
The supreme court also affirmed thu
decision of the lower court in the ~cas|
of the Peoples Gas company. Thu
case is that of the Peoples Gas Com
pany VS.. the City of Chicago. The de
cision is in favorRof the city. The cas-
) involved the validity of the ordinance
: of Chicago fixing a rate of IS cents PEI
= thousand feet for gas. The case wa
= dismissed by the United States cir
cult court for the Northern district o
Illinois, and that decision was affirmed
= by the opinion. The effect is to sus
tain the validity of the ordinance.
16aIyland Statute Sustained.
In another opinion, BY Justice Peck
ham, the supreme court sustained tn
Maryland r statute requiring voter
moving into the state to; sign, dec
laration Of their intention to becom
citizens as q prerequisite to the exer
else of the franchise. The opinion wa
based on. the case of Pope VS.. tn
Board of Registrars of Montgomer!
County. Pope is private secretary t
Justice White, and upon changing hi
residence to Maryland sought the RICH
to register and vote Notwithstanding
he had failed to make the declaration
required. He took the case to tn
state courts. which decided agains
him, and these courts were upheld b.
the decision.
Mormon Conference.
Salt Lake City, April 4.-The seven
n -