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

e. y
Whether iii the suspension OF the y.
/ sharp Coal company because II
could not BET any coal from the uhio'i
Pacific Coal company, any act was
committed by the coal company, or by
tho oregon Short Line railroad tnat
will make II liable before the uniteo
states laws, is now being decided IN
tho United States district court
The Union Pacific Coal company, to,
scther with the railroad company anu
NJ. Moore and Everett Bucklllsnahi'
officials respectively of the coal com.
nany and the railroad. came into court
tLis norninr as defendants under III
jictment by the United States grand
jury. ii,
rrhe coal troubles of the complaining
witness were well known through their
exploitation before session OF the ~,
terstatc commerce. comn,isslon . .
nere In 1906 and before an inYestisatihs
.ornrnitte of the 1907 legislature. 1olie,,s
Fna status of his case is that from 1915
Until July. 1906, Ne was a Salt L La l
f s,lal dealer, In Smiy, 906 however. ne y =
vac forced to suspend through inapli-i
Nv IA, secure any more coal, this action
following the publication of4an adVe.,l,
iisement to the effect that lie Wouia
sell .'storage coalp 50 cents per to's
rheaper than the advertised price u
gnthai. dealers. Previous to the inser-a
ton of this advertisement fed EDUC
ion Of 80 cents per ton had been an
bounced to dealers for storage coal on
aand Aug. /, 1906.
UNUSUAL INCIDENT.
Through an unusual incident IN ne
5,rocedure OF cases before the court,
E tn, SDcnt COIL
siderable time this morning III extensive
arruments showing probably the lines
m which the defense will make Its
In opening for the prq 9seet,,
lion U. S, District Atty bootr :
detailed the circumstances 81, r o,
TIC SUSPENSION of the sharp
coz, COMPANY after announcing TINS
reduced retail rate. Warmed some
what by this lire of attack that IN
cluded railroad company, coal con-
many. and an alleged system among
both Of controlling the retail mathe-
In Salt Lake, Attorney G. s. Harial.,
when given an opportunity % op "a
fnr the defense, launched into ms
case with such vigor that he had 10
bc reminded, after proceeding to some
1anpth that it was hardly to De eA
pectcd that the case would be arsueu
before the introduction OF testii o ~.
Attorney Varian admitted 10 lne
court that he had lald h!'i.seli ~ III FL.
to this criticism and lm illf
closed his address to the Jury.
JURY SECURED.
There was little trouble in securing
a iliry to try the case. as neither SUI
had any special objections to oner,
and in less than an hour the jury
lad been made UP.
On hand to represent the goVe..i,
meut were United States Distr.c.
Nttv. II. e. Booth and Asst. Dlstrlct
Atty. William NJ. McCrea
Representing the defendant com
nanies were the Oregon Short Line >
attorney, Farley l. Williams. and y
s. Nariau.
INDICTMENT READ.
u. S. Dist Atty. Booth opened FOR
the prosecution, reading to the jury me
indictment as the case of the Unlleu
States against the Union Pacific Goai
company, tho Oregon Snort Line coi,i-
pany, j. NJ Moore and Everett Buch-
ingham charged with unlawful cor
spiracy in violation of the act Oh Col.-
.ress Ia nrotcct trade against unlaw-
full restraint and monopoly. he tneii
narrated the charges to the erect ttist.
Sharp had been refused coal after JUN
%, 1906, because he had cut the fet.ii,
price which the railrond compau .i4tu
the coal company, whose stock WIS
owned by the railroad compan y, WEI WEI 9 9
trying to regulate in this city
c. s. Varian, in opening for tEe uc .
tense pictured the situation as one ID
which the railroad company mao ny =,
power over the coal company, Wfleii
was entirely a separate individual! pe5
fore the law and in which the raiirllau t
company served only as coililtoii
carrier with rate Of $l.I5 per tor G e
tween Salt Lake and Rock springs ioi
4 coal The coal company WITH Z PREY
4 OF 81 .par5inn at the mine was u sep .,l
ate company. and the total price 10 tlie
deaier in Salt Lake was the common
curriers' freight plus the cost OF lie
coal at the mines. Atty. Nafia.
slietelI4es the car shortage history, lhe
fuelsshsrtage in winter. due TO tie ca
shortage. sud the effort OF t;le con-
panies--both railroad and coal--to tnt ,
mn {; public obligation BY gettins ~
the coal possible stored for the Wif'tei
cf 1ao7
CITES sHARP's AFFAIR.
Therefore. he said, the railroad CON
Il panxs md reduced its freight % cent
a,5toneand the mine had reduced ~
4 selling price. 20 cents a ton as specia
srducenlent tossaealeis and consumer
tptstoeks up jim summer. The rate. "
urged aii5is at ofot,3 .u -
y he q credit fer coal on hand at IN
q .'es'd or summer, Aug. sharp !,
oil,