New-York tribune., 1906-04-18
VIEW TASK FOR HUGHES.
m TAKE UP COAL CASES.
u-,b ALEXANDER Simpson, Jr., viii
,c5T1 s. IN Possible r. r. Smts.
- T1he Trlhune Bareau.l

a. "A Z
General Moody announced proposed
Or :, the Department Of Justice against the
ssP Irving railroads which may prove to be
" 80, important and far reaching action OF
" ,,s-nrnent against corporations since the
80, Securities case. The Department Of
N0'''--, -,,-roses 10 make thorough investiga-
s,,o the relations Of the coal carrying rail-
". ,r4.h their ownership of coal properties.
~-ass p Hughes. OF the New York bar. and
O''1-.s e,r,nson. r.. OF the Pennsylvania
hsxe beer retained by the department to
W ,6er consideration all the facts now
p, or which can be ascertaineo, relating TO
n'@-, ,s,ortation and sale of coal in interstate
-,s,oe. 10 adYl)s what. If any. legal proceed
.bould be begun. and TO conduct. under the
,s.c,,on Of the Attorney General. such suits or
u..-,ions II any, as may be warranted by the
fsss,ce in hand and forthcoming.
oe5cisl statement goes on TO say that the
.-,-sl subject for some time has been under
liberation by the department. II is believed
~, Sufficient evidence has been developed in
!. Investigations Of the Interstate Commerce
c,nrission and otherwise to warrant the en-
,,.yrent Of counsel under the provisions Of the
,,r-opriation act Of February %. 1903. author
,,rg the employment OF special counsel and
-,,r,s in proceedings Of this nature An impor-
,'rt element in arriving at this conclusion IS the
-.osnt decision Of the Supreme Court in Hale
-, Benkel holding that the Federal govern
nsrt has the right under legal proceedings TO
,rsmine the books and records Of corporations
mesged IN interstate commerce"
DID NOT WAIT FOR CONGRESS.
II this statement the department shows that
.,uticipated the recent resolution of Congress
s- On Investigation Of the relations between the
,o,l CARRYING railroads and coal properties
,zred bv them. The department makes ii plain
fst the government has not been derelict in
MS regard, but has already through the Inter
fre Commerce Commission, been looking into
ne subject Congress recently appropriated
$4,000 in the General Deficiency bill TO cover
srg additional expenses that may be necessary
un6er the act authorizing the employment Of
special counsel
Hsppears from the statement that the Inter
rsie Commerce Commission. which is now hold
Ing hearings on the subject at Baltimore. had
already gathered sufficient evidence to warrant
the Department Of Justice in taking some ac
tor The recent decision Of the Supreme Court
n the Tobacco Trust and Paper Trust cases, in
volvng the question Of the right OF the govern
ment 10 compel the production of the books and
papers will facilitate the inquiry, II is thought.
Although the actual legislative proceedings ip
the most recent chapter Of this undertaking be
gan IN Congress under Democratic auspices.
they were expedited by the concurrence of Re
publcsns in both houses. Senator Tillman first
lrusght the subject 10 head by producing In
he Senate letter from the Red Rock Fuel
Company - West Virginia. complaining Of al
legged DETERMINATIONS against that corporation
hy the Baltimore & Ohio Railroad Company in
ihe matter of furnishing cars and sidetrack
facilities
PREPARATIONS FOR ACTION.
When that letter was read. however the In.
terstata Commerce Commission had already
taken the case into court. after exhaus,.ve hear
ngs. and il is now pending in tha Circuit Court
O. West Virginia on motion Of the Interstate
Commerce Commission. Later Senator Tillman
read letter from the Republican Governor OF
West Virginia. calling attention to additional
alleged Determinations on the part Of the coal
carrying roads
There was no hesitanCy on the part 90 Con
gress in responding - these complaints The
resolution offered by Senate. Tillman was
amended in the House 10y Rep blcan hands
nora adequately 70 meet the case and was final
adopted by both Houses. The President sub
ssguently sent a message TO Congress calling
attention TO the necessity Of providing additional
tlnds for carrying on the investigat ton and an
appropriation was promptly mada.
Great satisfaction viii be felt, il is said by
Coagressmen in the employment OF such able
counsel as Mr. Hughes and Mr.. Simpson in the
investigation, which gives further assurance
mat the Department of Justice intends TO full
d the spirit Of the resolution Of inquiry.
rome Of the testimony already in the hands
q the Department Of Justice. Fl is understood.
resulted from the inquiry Of the Interstate Com
heroe Commission into the ownership Of the
'eTmont Coal Company by the Baltimore &
IH'o eno Of the stock held in the Belmont Coal
eolpanY by the Pennsylvania. It is also said
Aat me DEPARTMENT OF Commerce and Labor
"a Some important data which IS available for
ne special counsel employed by the Department
Justice