The news-democrat. (Providence, R.I.) 1906-1909, 1907-05-28

The indicted coal dealers fled demur-
rers to the indictments In the superior
court yesterday afternoon. as they were
ordered by the court TO do. and the hear
ing will be held next Saturday.
The purpose os the demurrers is to have
the indicted parties dismissed and dis
charged and the indictments quashed on
the grounds that the indictments do not
set forth any crime or offence known to
the law or specify any crime or offence
with sufficient clearness TO notify the de-
PENDANTS specifically for what they are
TO be tried; that the indictments do not
show that the defendants conspired TO
prevent the public or consumers OF coal
from buying coal from other dealers at
fair. reasonable and competitive rates;
that II does not appear that the defend
ants conspired TO raise the price OF coal
or TO fix a price that was unlawful. ex-
orbtant, unwarranted or oppressive: that
the alleged agreement was for any ap
preciable period or binding upon any OF
the parties thereto; that the indictments
do not show the purpose of the alleged
conspiracy or how the purpose was ur-
lawful or how the alleged conspiracy could
prejudice the public or restrain public
trade; also that the indictments do not
charge any crime or offence OF which
corporation can be guilty.
The demurrer TO the indictment against
the corporations Is as follows:
THE TEXT OF THE DEMURRER.
'The said defendants. the Eastern Coal
company. John r. White Sons Inc.
Doe e. Little confpahy and Curran &
Burton. Inc. by their attorneys. and said
Harry c. Clark. in his own person. come
into court, and having heard the same IN
Iictment read say that the said indict-
ment and the matters contained therein
are, as therein alleged and set forth In
said court, not sufficient in law to COM
ha thereto.
and they therefore Jointly and several
ly demur TO said indictment and TO each
and every count thereof and for reasons
OF demurrer say:
81. Said Indictment does not set forth
any crime or offence known to law.
'2 Said Indictment does not charge
any crime or offence with sufficient clear.
ness and exactness to notify the defend
ants specifically for what they are TO be
tried.
'3 Said indictment does not show that
said defendants wer dealers In coal. or
in anthracite coal, or otherwise had any
power TO regulate and Ak the price there
OF, or to restrain trade therein.
a. Said indictment does not show that
said defendants had any control OF the
coal trade, or the anthracite coal trade.
in the city OF Providence. or were the
sole dealers In coal. or In anthracite coal.
or had any power to create monopoly
therein.
''5 Said indictment does not show that
said defendants conspired TO create a
monopoly in coal or In anthracite coal. or
10 prevent coal or anthracite coal from
being sold by other persons at any price
they saw At. and that other persons did
not have the power at all times. In spite
OF said alleged conspiracy, TO sell coal
at any price they saw At.
PEOPLE COULD BUY ELSEWHERE.
IS. Said indictment does not show that
said defendants conspired TO prevent the
public or the consumers OF coal from
buying coal from other dealers at fair,
reasonable and competitive rates, or that
could not at all times. in spite of said
agreement, purchase coal at fair reason
sble and competitive prices
az. 1t does not appear In or by said
indictment that said defendants conspired
to raise the price OF coal or TO fix a
price that was unlawful, eXorbftant, UNI
warranted or oppressive.
's II does not appear In or by said
indictment that said alleged agreement
10 fix and regulate the price or coal was
Cor any appreciable period of time or was
an agreement binding upon any OF the
parties thereto.
's. 1t does not appear in or by said in
dictment that the act which said de-
PENDANTS are alleged to have conspired TO
accomplish. II done by any one individual
would be unlawful, immoral or contrary
to the interests of the public.
10. 1t does not appear In or by said
indictment that the means employed by
said defendants were unlawful. immoral
or contrary TO the interests of the public.
'11 It does not specifically appear in
or by said indictment what the divers un-
lawful and fraudulent devices, contri-
vances and acts alleged to have been
committed by said defendants were. nor
are the means alleged to have been re-
sorted to by said defendants otherwise
specifically stated in said indictment.
CONSPIRAcY'S PURPOSE.
'12. It does not appear in or by said
Indictment what the purpose of said al
legged conspiracy was or how said pur-
pose was unlawful
'l3 II does not appear In or by said
indictment how said alleged conspiracy
could prejudice the public or restrain
public trade.
"a II does not appear in or by said
Indictment of what the unlawfulness of
said regulation and fixing OF the price or
coal or anthracite coal consisted
'T5. The phrase used in said indict-