Omaha daily bee., 1906-10-17
THAT WAR ON COAL TRUST
World Herald'i Former Crusade flushed BY
Adoption Of Present Bylaws
ENGLISH ALSO AGREED TO TERMS
So-CRlIed Combine Operating since
1903 Under Consultation Approved
by Hitchcock organ and Demo-
cratic County Attorney.

That the alleged Coal trust has been
operating for three years under constitu-
ton that bears the 20. X" OF @. NJ. Hitch
cocks political organ and James p. Eng
lish, at that time county attorney and at
present candidate for that office, was
brought out in the hearing before Notary
Potter Tuesday morning. The information
is contained in minutes Of the meetings OF
the Coal exchange. which were introduced
i'm evidence.
Early in January. 1893. according to the /
minutes there was some agitation on the !
part OF the World Herald and County At !
torney English over the question of
whether or not the exchange was operating 1
as trust i'm violation of law. To square /
the exchange this subcommittee to meet
the county attorney and representative
OF the Word-Herald appointed:
George c. squires, c. w. Hull, George p.
Cronk, George Patterson. J. A. Sunderland.
r. *. Brown and II. Ravens.
The report Of this committee was pre-
scented to the exchange February IS, 1903,
and it includes a copy Of an invitation ad-
dressed to r. l.. Metcalfe, then editor of
the World-Herald. bearing the date of Jan
uary "a The report further says the in
vtation was accepted and Mr. Metcalfe
and County Attorney English met with
the committee January S and amendments
to two Of the articles were suggested as
the result OF that meeting. one amend
ment was to article X providing in general
terms that the exchange should not do
anything to interfere with prices Of coal
by order, resolutions and recommends lions,
and leaving to every member the right to
make prices.
Another Change Agreed On.
Article XII was also amended under this
agreement and as changed reads fol-
| lows: NO trial shall be held, nor fine nor
| other penalty imposed on account of cut
| ting OF prices, patronage of prescribed
mines, or selling to any parties whosoever,
| whether members or nonmembers of the
exchange, but this provision shall not be
construed to allow the selling to a non
member at less than retail prices"
II was on condition that these amend
| ments be made to the constitution that the
threatened prosecution of the trust by
County Attorney English and the public
| agitation in Mr.. Hitchcock's paper were
| silenced.
1t is to be noticed that the general pro-
visions OF article ri are all affected by the
last clause. but this provision shall not be
|
member at less than retail prices" As
every consumer is a nonmember It can
| easily be seen how well the public interest
was protected by the World Herald Eng
lish amendments.
How well these amendments worked is
shown by the evidence OF Walter Wills
who was secretary al that time. Mr.. Wills
was asked by County Attorney Slabaugh
II any fines were collected after the amend
ments were adopted
| 81 think they were not entered on the
cash book under the head of fines" said
| Mr.. Wills
| Assessments. Not Fines. Now.
| After the adoption of the World Herald
English amendments they were called 'as-
sessments" not fines" according to Mr..
| Wills testimony.
Mr.. Wills said on complaints of members
Of the exchange he investigated violations
| of the constitution and gave the result of
his Investigations to the board of directors,
who fixed the pentlay. The board, he said,
/ imposed fines for soliciting. for cutting
prices and for violating the rule requiring
the use of only one chute to a wagon. The
only difference An the practice OF the ex-
change after and before the amendments
was that afterward the fines were entered
as assessments and collected Just the same.
On August 5, 1909, according to the cash
book. the c. w. Hull company was fined
SIS for soliciting customers by personal
letter.
Another entry on the cash book showed
December 3. 1903. the Coal Hill Coal COM
pany was fined SO Mr. Wills said this was
for cutting prices below the exchange list
Other Fines Levied.
August IL 1904, three OF the members
Howell & Co, the Omaha Coal Hay and
Building Supply company and the Goa
Hill Coal company were fined SIS each
August IL c. b. Havens company and Octo.
Der II c. w. Hull company were fined 81;
each and November ~ the PennsyIva mis-
Coal and Coke company was fined $40 Al
of these fines were imposed, Mr. Wills said
because the companies had either cut be-
low list prices or had contracted to deliver
at current prices anthracite coal JUROR
which the price was to be raised before the
date of delivery.
The book also shows on June II, 1865 thC
South Omaha Coal and Ice company wal
fined $50 for sending solicitors from house
to house. On the same date c. b. Haven.
company was fined IS for using two chute.
with wagon. A number OF fines have beer
collected at later dates but OF these Mr.
Wills had no personal knowledge, as hs
ceased to be secretary in the fall of 1905
Mr.. Wills evidence is the most direct
that has been produced yet. showing coI
clusively that members OF the exchang,
have been fined repeatedly for not main.
tanning schedule prices and that this was
done numerous occasions after County
/ A cit oh had