The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-12-11

agent IN Denver, went over the num-
erous claims and on each one caused
to be dug an excavation exposing the
coal deposits. Dummy" locators
were then secured to make filings on
the claims These were mostly young
men, who we're paid $50, their expen-
ses to and from the land and So per
diem while they were employed in
entering the claims. There was an
explicit understanding in advance that
the claims were to be conveyed to the
Utah Fuel company or its agents.
These dummies were taken upon the
land, the uncovered coal deposits were
shown to them and Immediately they
fed on the land with application pa
pers made out by the company's at
torney, Major W. H. Bird. Major
Bird has since died. All the entries
to the 1400 acres involved were made
on the same date, March "a, 1905.
For each of the claims thus secured,
it was necessary that payment of
$1,000 should be made to the govern
ment. Loans for the amount were
made by various persons. The gov
ernment prosecutors charge that the
persons from whom the loans were se-
scuIed were agents of the coal COM
pany.
On April 4, 1905, the coal land was
transferred to FrankgA. Calkins. Mr..
Calkins is father in law to Elroy N.
Clark, the Denver attorney against
whom indictments were returned to-
day. Before these transfers were
made Mr.. Calkins, accompanied by
Mr.. Clark. went over the land, max
ing pretense of inspecting it. In the
November following Calkins in news
papers of Salt Lake advertised his coal
land for sale. From Calkins the land
was transferred to Frank B. Cook, a
mining man of Salt Lake City. The
land now stands in Cooks name. The
allegation of the governments attor-
-neys is that Cook holds the land in
trust for the Utah Fuel company.
The allegation is made that just be-
fore the land was advertised for aaie
by Calkins report was made to the
land office at Washington by Special
Agent Love, who charged fraud and
collusion in the locating of the claims.
Information that such charges had
been made by Mr.. Love is alleged to
have reached the persons involved be-
fore the transfer to Cook was made.
The indictment against the Harri-
man railroads and the Union Pacific
Coal company and the two officials of
these companies is based on alleged
unlawful discrimination against the
d. j. Sharp Coal company. Mr..
Sharp recently told his story before
Interstate Commerce Commissioner
Prouty. In the summer Of 1905 the
Hartman railroads made rate to all
coal shippers who brought in their
coal during the summer months. This
rate was 30 cents ton lower thar the
regular rate. Sharp endeavored to
give his patrons the benefit Of this low
rate and advertised coal in Salt Lake
City at $4.75 ton, which was 30 cents
a ton less than the rate charged by
members of the Coal dealers Associa-
tlon.
Sharp testified that he was referred
! to the Oregon Short Line railroad
| officers and was instructed that, un-
less be withdrew his advertisement
| from the newspapers, he would not be
permitted to handle Union Pacific
coal. Sharp refused to withdraw the
advertisements and informed the off
cials of the road that he intended to
giveseis customers an opportunity to
fill their bins at reduction in price
corresponding to the reduction grant,
ed to the coal companies.
After serving his notice of defiance,
Mr.. Sharp testified. shipments Of coal
to his yards began to be tied up and
he could not get coal when be ordered
| it. He continued to sell from the sup
ply of 1000 tons which he had in bis
yards. but ultimately this supply was
exhausted. Out of 110 carloads or.
dered in one month he got only Ia
cars, ard finally be could get no coal
at all and was forced out of business,
being Obliged to close hisyards, which
had cost him $4,000.