Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-28
COAL OPERATORS AND DEALERS
DECLINE TO TESTIFY

Early in the present week subpoe-
mas were issued for the local officers
of the American Fuel company. oper-
ating the mines of that company at
Gallup 10 McXinA BrscaunsC s.ed for
managers of the two local retail coal
companies to appear before the terrl-
torial grand jury now in session.
Thursday the mine managers and
retailers appeared in the grand jury
room and were asked series of ques-
tions relating to the management OF
the mines, and the price of coal at the
mine. to the dealer and to the con-
sumer Nearly all of these questions
the witnesses declined to answer on
advice of counsel.
AS a result, the grand jury Thurs
day afternoon presented to Judge ABB
bott the following:
To the Honorable Ira A. Abbott,
Judge cf the District Court of Ber.
nalillo County.
The grand jury Of said county at
the September term 1901 of said
court, respectfully report that there
has come to their knowledge, facts
and conditions as to the prices at
which coal is now being sold in Albu-
querque. which appear to indicate the
existence of a combination to control
and unreasOnably increase the said
prices.
We have, therefore, acting under
sections 1892 and 1898, of the Com
piled Laws OF 1897, endeavored to in
vestigate the matter and are COM
PEELED to report to the court that GER
tain witnesses summoned before us,
have refused to answer questions pro-
pounded to them, on the single ground
that they had been advised by counsel
so to refuse, and without assigning
any other reasons.
These witnesses are William Hahn
and John S. Beaven, coal dealers In
Albuquerque. who have refused to
answer the questions. copy Of which
Is attached hereto, prOpOunded TO
them, except the first and sixth; and
Thomas Pattison, of Gibson, N. NJ,
general superintendent of the coal
mines of the American Fuel company;
Peter Westwater, of Heaton, N. M.
superintendent of the Heaton coal
coal mine: and John Jennings of Glib
son, N. NJ, superintendent Of the
Weaver coal mine, who refused to an
swer the questions. copy of which IL
hereto attached headed Questions to
Mine Superlntendents or Managers,
Etc" except the first one.
We, therefore, present the said wit
nesses to this court, and pray for an
order to compel them and each Of
them to answer the said questions,
and any other proper questions perth
nent to said investigation.
All of which is respectfully submit
ted.
(signed) MELVILLE e. SUMMERS,
Foreman.
September 26. 1907
As result of this presentment the
court yesterday issued an order upon
the witnesses, the mine superntend-
ent for the American Fuel company
at Gallup. w. II. Hahn OF Hahn & Co,
and John S. Beaven. retail coal deal
ers of this city, to appear and show
cause why they should not be re-
quired 10 answer the questions.
The hearing, which began at 2
O'Clock yesterday afternoon, occupied
the entire afternoon and brought out
one OF the most interesting arguments
heard In the Bernalillo county court
room for many days. The fact that
Il was the first time the New Mexico
"Anti-Monopoly" law had been called
into question added decidedly to the
interest.
Judge Caldwell Yeamans of Denver,
general counsel for the American Fuel
company, ana H. NJ. DouBhefty OF So
zorro, local attorney for that COM
pany. appeared In behalf of the CAL
lup mine superintendents; Nelll B.
Field appeared for w. II. Hahn and
o. n Marion for John s. Beaven.
District Attorney Clancy and Julius
/ Staab appeared for the territory, MIR.
Staab making the argument
QUESTIONS WHICH COAL MEN
REFUSED TO ANSWER
The following Is the list OF ques-
tion which the grand Jury nropounded
10 w. II. Hahn and ]. $. Beaven:
f.-What Is your name. place OF
lContlnued ON PaKo Z. Column u