Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-12-01

j. "A. MdANGA. 5sls =.
!. J.. II. Eardley,
whether in the suspension OF the u
]. sharp Coal company because II
could not set any coal from the Union
Pacific Coal company, any act was
committed by the coal company. OF by
tho Oregon Short Line railroad that
will make it liable before the uniteu
states laws, is now being decided IN
the United States district court.
rho Union Pacific Coal company, to.
eether with the railroad company, anu
j. M. Moore and Everett buckingham
officials respectively of the coal conf
pany and the railroad, came INTO court.
this morning as defendants under NJ
1tctYnent by tho United States grand
Jury
The coal troubles of the complaining
witness were we'll known through their
exploitation before a session OF the n,
terstate commerce commission new
nere in 1906 and before an lnvesuSatius
aommitte OF the 1907 legislature t5rie ny
The status of his case is that from loo"
until July, 1906, ne WAS u Salt Lake
.Esoa.i dealer. 81 In H,ily. 1906. however. ne
vas forced to suspend through ina,pli-S
ity to secure any more coal TINS aG GID
Following the publication OF an adV ri, :,
tisen1ent to the effect that lie Wouiu
sell ..storage coal so cents per toI !,
other dealers. Previous to the inser-
& ton OF this advertisement reduc-.
ion OF SO cents per ton had peen an
nounced to dealers for storage coal on
hand Aug. i, 1906.
TSJJhLINCIDENT.
Through an unusual incident IN the
,rocadnre az cases before the court,
The defense in this case spent con-
siderable time this morning in extensive
arguments showing probably the mes
on which the defense will make It's
points. a.,,,,
lion u. s, District Atty BOOM
detailed the circumstances -, y,
coal company after announcing TINS
rsduced retail rate. Warmed some
what by this line Of attack that IN
cluded railroad company, coal c oti.-
pany, and an alleged system among
both OF controlling the retail marhsl
in Salt Lake, Attorney G. >. Naria.,,
when given an opportunity 20 open
for the Defense launched into ms
case with such vigor that he had TO
he reminded, after proceeding to some
length, that it was hardly TO ne eA
pected that the case would be argued.
before the Introduction of testimony.
Attorney Varian admitted to the
court that he had laid himself open
TO this criticism and Immediately
closed his address to the Jury.
JURY SECURED.
There was little trouble in securing
jury to try the case, as neither s s.u.
had any special objections to offer,
and in less than an hour inc jury
had been made up.
on hand to represent the govern m.
ment were United States District
Ntty, III. E. Booth and Asst. District
ATTY. William NJ. McCrea.
Representing the defendant com
panies were the Oregon Short Line >
attorney. Farley l.. Williams. and =.
S. Variau.
INDICTMENT READ.
u. S. Dist. Atty. Booth opened for
the prosecution, reading to the Jury INC
indictment as the case of the Unlted
States against the Union PACING Coal
company, the Oregon Short Line com
panv. ]. NJ. Moore and Everett Buck
ingham charged with unlawful con
spiracy in violation of the act OF Con
grcss to protect trade against uniaW-
full restraint and monopoly he theh
narrated the charges to the erect th.tl
sharp had been refused coal after Juiy
o. 1906 because he had cut the retali
price which the railroad company anu
tie coal company. whose stock WIS
owned by the railroad company, We're
trying To regulate IN this city
G.. s. Tarian, in opening for the De
tense pictured the situation as one III
which the railroad company ilSd ~
power over the coal company, wtlch.
was entirely Il separate individual! be
fore the law. and in which the rallroau
company. served only as a common
carrier With a rate OF Sl15 per Ton De-
tween salt Lake and Rock SPRINGS iol
coal The coal company with pflee
nj 81 per ion at the mine was n sepal-
ate company, and the total price 10 the
dealer in Salt Lake was the common
carrieF's freight plus the cost of tue
coal at the mines. Atty. Narlal'
slletche6 the car shortage history tho
fuel shortage in winter, due 70 tNe @.
shortage. and the effort of the com, con, +
paEies-both railroad and coal-lo th.I
mn public obligation by getting an
the Goa: possible stored for the winter
II 1907.
CITES .SHARP's AFFAIR.
Therefore. he said. the railroad corIl-
naitghad reduced it's freight so&csnts
"a ton, and he mine had reduced lts
sailing price. IS .centsfa ton as q speciai
aftileenisnt Stlealers and consumers
fpiistnek up In summer. The rate NJ
urged Was not ct64 apf'ls at once, Dlit 70
be credit for coal on hand at ne
y md of summer, Aug. sharp. ne NJ
claimed, went ahead selling coal out
h i1Ent aI5s4n Immediate reduction OF tll l