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 che mines of ~ company at
! taliEp IN Airkuii efsFifty and tn'
| managers of the two local retail coal
companies to appear before the terri
tOrial grand Jury now in session.
Thursday the mine managers ana
retailers appeared in the grand jury
room ana were asked a series Of ques-
tions relating to the management OF
the mines. and the price of coal al the
mine. to the dealer and 20 the con-
sumner Nearly all of these questions
the witnesses declined 10 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 CT the District Court of Ber.
nalillo County.
The grand jury of said county at
the September term, 1907, 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 1899 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
Nsf
and John $. Beaven. coal dealers In
Albuquerque, who have refused To
answer the questions, copy Of which
Is attached hereto, propounded 10
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. NJ,
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 is !
hereto attached headed Questions 90 |
Mine Superintendents or Managers. |
Etc" except the first one.
We, therefore. present the said Wit |
nesses to this court and pray for an !
order 20 compel them and each Of /
them To answer the said questions I
and any other proper questions peril /
nent To said Investigation.
All Of which Is respectfully submit
ted
Csigned) MELVILLE E. SUMMERS.
Foreman.
September 26. 1907.
As a result Of this presentmeut IA I
rourt yesterday issued an order upon
he witnesses. the mine superintend-
snt for the American Fuel company
~ Gallup. w. n. Hahn Of Hahn a Co.
and John $. Beaver, retail coal deal
FRS Of this city. TO appear and show
,ause why they should not be re-
luired 60 answer the questions.
The hearing. which began NJ
1'cl0ck yesterday afternoon. occupied
he entire afternoon and brought out
lne Of the most interesting arguments
heard In the Bernallro county court
'oom FOR many days. The fact that
{ was the first time the New Mexico
Anti Monopoly" law had been called
nto question added decidedly 90 the
interest
Judge Caldwell Yeamans Of Denver
reueral counsel for the American Fuel
company. and ". 81 DouRherty of So
.orro. local attorney for that COM
up mine superinfendents. Ncill p.
field appeared for ". H. Hahn and
,. y Marion for John s Beaver.
District Attorney Clancy and Julius
'taab appeared for the territory, Mr..
'taab making the argument
QUESTIONS WHICH coal MIN
HETI SID To ANSWER :