The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-08

TO ship the u. Je SnaTp codl COM
pany any coal last summer because
that company advertised coal at a
cheaper rate than that which had been
specified by the Hartman companies.
Though the Sharp company furnished
a bond guaranteeing to pay for all
coal ordered as fast as delivered by
the railroads. it received no coal after
July 90 last, and was finally com
PEELED 10 go out of business. The fol
lowing is, in effect, the testimony of
D. J, Sharp before the Interstate Com
merce commission last September:
What Sharp Testified.
MI Sharp said he had been coal
dealer. but he had retired from business
because he could not get any coal. IN
1903 he started il the coal business. He
had expended a large sum or money IN
providing yards for the storage of coal
and had been encouraged 70 do so by
the Union Pacific Coal company saying
he would get coal.
In July last he received intimation that
there would be a reduced rate OF 90 cents
on storage coal, and this would be In et-
feet until August IL. Customers who
stored coal were 10 get the benefit OF this
would sell coal for s475 a ton. Sales
Agent Moore of the Union Pacific Coal
company called on him and told him to
pers. He refused. He was informed that
If he continued 10 advertise that the
Central Coal and Coke company would
cut the rate to S4.75 and allow it TO re
main at that figure. and the reason given
him to take lis ad. out OF the papers was
TO prevent cut in the price OF coal.
Several days afterward he inquired about
a supply OF coal and was told his order
was held up" or suspended because he
did not remove the advertisement
Mr.. Thomas-Does the Union Paclilc
Coal company dictate TO the retail deal
ers in Salt Lake how they shall do their
business?
Mr. Sharp was not prepared to say 1t
dictatlon, but when the price OF
coal was raised from So to S5,25 per ton
the Union Pacific Coal company had SAID
10 him that II was TO their interest and
10 his interest 10 do so. He had lost
money by going out of the coal business
Mr.. Sharp stated that when he was
city agent for the Pleasant Valley Coal
company, now the Utah Fuel company:
they raised the price OF coal TO S5.I5. and
lie, he resigned. There was concerted
action among the producers to raise the
price. He asserted that the mine own.
ers were responsible for for the advance OF
ing was held at which Mr.; Williams OF
the Utah Fuel company, Mr.. Gridley OF
the Central Coal and Coke company, and
Mr.. Qualev OF the Kemmerer company
were present when this decision was ar
rived at. He claimed that the Union
Pacific and Denver & Bio Grande compaIi
prices here. He thought he had always
been Disseminated against.
In answer to Commissioner Prouty
the witness said the price was main
tained at S5.15 until Mr.. Hartman came
here, and he understood Gov. Wells asked
him why his company forced the Utah
Fuel company to put up the price OF coal,
and he answered. we didn't do IT. and
then turned around and said they would
reduce the rate.
He did not handle any other coal, the
witness continued. because he could not
buy coal from the Utah Fuel company.
The Rio Grande Western coal is the best:
in his opinion. and could get the best Of
the market. and on account of the proN-
Unity of the mines to the market should
be able to put IL in cheaper.
This action on the part of the Harri
man companies the attorneys of the
Interstate Commerce commission con-
sidered plain violation of the inter
state commerce laws aud requested the
District Attorney TO bring the matter
before the grand jury, which was done,
and as result the Hartman companies
and some of their officials will have TO
stand trial in the Federal courts. The
section of the statutes alleged to have
been violated is as follows:
Section g. Undue Preferences ProhIb-
common carrier subject TO the provisions
OF this act TO make or give any undue
or unreasonable preference or advantage
10 any particular person. company, 1rm,
corporation or locality. or any particular
description OF traffic In any respect what
soever. or 10 subject any particular per
son, company. lrm corporation or locality
or any particular description OF traffc TO
any undue or unreasonable prejudice or
disadvantage, In any respect whatso-
ever.
Every common carrier subject 20 the
provisions OF this act shall, according TO
their respective powers. aftord all rea-
sonable, proper and equal facilities Tor
the interchange OF tratfc between their
respective lines and for the receiving
forwarding and delivering OF passengers
and property TO and from their several
lines and those connecting Herewith, and
shall not discriminate In their rates and
charges between such connecting lines
but this shall not be construed as re-
quiring any such common carrier to give
the use of It's tracks or terminal facilities
to another carrier engaged In like busi-
ness.
What Section 10 Provides.
The above statute is section 3 of the
act OF 1887, and section 10 Of the act
of the same year provides for the pen
alties for violations Of this statute. 1t
was not, however. until February 10,
1903, that the corporation could be
made criminally liable, At that time
Congress amended the statute to pro-
vide for criminal prosecution of cor
porations. Section 10 is as follows;
Sec. 10. Punishment for violation or
evasion OF the act--That any common
carrier, subject TO the provisions OF this
act. or whenever such common carrier Is
@ corporation, any director officer
thereof or any receiver, trustee. lessee.
agent or person acting for. or employed
By such corporations, who. alone with
any other corporation, company. person.
party. shall wilfuly do. or cause TO be
done, or shall willingly suffer or permit
10 be done. any act. matter or thing In
this act prohibited or declared to be un-
lawful. or who shall aid or abet therein.
or shall wilfully omit or fail 10 do any
act, matter thing In this act required
TO be done. shall cause or willingly
suffer or permit any act. matter or thing
so directed or required by this act to be
done. not TO be so done. or shall aid or
abet any such omission or failure or shall
be guilty OF any infraction OF this act or
shall aid or abet therein. snail be deemed
guilty OF a misdemeonor and shall. upon
conviction thereof. In any District court OF
the United States, within the Jurisdiction
OF which such offense was committed
be subject 10 flne OF not TO exceed $4,000
for each offense; provided. that IL the Of
III