Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-28
COAL DEALERS MUST
ANSWER JURY'S
QUESTIONS
Judge Abbott Decides That
Queries Are All Right and
Must be Given
Replies.
HIGH FUEL PRICES
CAUSE OF inquiry
List Which Caused Defendants
to Refuse to Tdlk--Would Only
Give Information of Trivial
Importance on Certain
Matters.

cials and John Beaven and w. II.
Hahn, managers of the local COM
panies must answer the questions
propounded to them by the grand
jury last Thursday. Thus decided
Judge Ira A. Abbott today at 1880
a. m. In spite of the lengthy argu-
ments of the attorneys for the coal
interests yesterday, the judge sus-
tanned the territory In the right to
ask questions bearing on the present
high price of coal. Whether or not
there is a combination entered into
in the restraint of trade; whether or
not there has been a conspiracy to
boost the price of fuel beyond the
limits of reason, the territory, so the
judge has decided, has the right to
demand the answer of certain ques-
tions bearing on this subject. 1t is
not for the coal interests to decide
whether or not they are guilty of
violating the territorial statute which
expressly forbids combinations and
conspiracies which act as restraint
upon trade, but 1t is the duty of the
territorial officers to make thor
ough investigation of the conditions
and deal with the matter according
ly If the coal people are innocent
of any extortion or illegal business
transactions they have nothing to
fear.
Hard Legal Battle.
To look out for their welfare the
coal people had "A formidable array
of legal talent in court to argue be-
fore the judge yesterday. Judge
for the American Fuel company, and
H. NJ. Dougherty, local attorney for
the Gallup mine superintendents,
represented the company in court;
Attorney Neill b. Field appeared for
w. H. Hahn; o. n. Marion, repre-
T., nj
Staab, in the enforced absence of
District Attorney Clancy, looked to
the interests of the territory.
The territorial grand jury has ad-
journed until $3.50 Monday morning
and it is possible that the coal op-
orators and dealers will have an op-
portunity to answer the questions
some time on Monday.
Refused to Answer.
In answer to the subpoenas issued
John Beaven and w. II. Hahn, man
ayers of the local coal yards, and
certain officials of the American
Fuel company from the coal fields
at Gallup. appeared before the
grand jury Thursday, but refused to
answer any question which had a
vital bearing on the increased price
of coal.
BY order of the grand jury, Mel
willie T.. Summers, foreman of that
| body, then i'm writing, Informed
Judge Abbott that Messrs. Hahn and
Beavens of this city; Thomas Patti
son, of Gibson. n. NJ, general su-
perintendent of the American Fuel
company mines; Peter Westwater, of
Heaton, ~ NJ, superintendent of the
Heaton coal mine, and John Jen-
nings, of Gibson, superintendent of
the Weaver coal mine, refused to
make answer.
The following Is the list of ques-
tlons which the grand jury pro-
pounded to w. H. Hahn and ]. s.
Beaven:
1.-What is your name. place Of
| residence and occupationr
I 2.-Do you deal IN ana sell coai
which comes from the mines at Gal
lup, y. NJ, and from the mines near
Cerrillos? If so. state at what prices
you have sold the different grades OF
said Goals in Albuquerque, from the
beginning of the year 1906 down to
the present time.
3-What has been the cost to you
of the several kinds Of said Goals per
ton during the period mentioned in
the last question, delivered on the
cars al Albuquerque
4. Why Is the present price Of coal
so much higher than II was in 1905,
1906 and the first half of 1907?
average, to you OF handling and de-
livering coal per ton in Albuquerque a?
6-Have you any knowledge or
! information Of any contract or COM
bination between individuals asso-
| Citations or corporations which Op-
crates TO control the price at which
coal shall be sold i'm Albuquerque ?
! II so, state fully your knowledge and
| information on that subject,
OF these questions the witnesses
answered but two. No. 1, the ques-
ton as to name and occupation. and
| question No 6, denying any knoWl-
/ edge OF any combination or agree
ment to control the price OF coal
sold I'm Albuquerque. Questions 2.
/ 3, and 5, they refused to answer on
advice of counsel.
Other Questions.
The following questions were put
by the grand jury 10 the superin-