Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-12-03
CREATES INTENSE INTEREST,
] limits to Which CORPORATIONS
Nav Go In Eliminating Com
petition Defined.
,o,, for Defense yisibly Affected
~ ,,bcn Arising to Except TO the
wording OF the Charge.

- 4 4
Il ! o'clock the jury is still out
and no indication is at this time app
n,rei,t either regarding the time a
verdict may be expected or its
purport.
THE DEFENDANTS.
r,,cS Union Pacific Coal Company.
The Union Pacific Railroad Com
pany ,,..,
Company.
II Il Moore, Sales Agent. Union
Pacific Coal Co.
Everett Buckingham. formerly gcn-
eral Superintendent, o. S. Il. Railroad
company.
From tile Charge TO the jury.
oYou Jurors Will find on the forms
furnished you II space OH which YOU
can write "not" after the names OF
any Of these defendants before the
word "rullty." You need only to find
any Two Of them guilty to prove the
charge. and may find any Of them not
guilty without affecting the guilt of
tho others"
In a remarkable charge to the jury
which Is to decide to what limits a cor
poration or combination of corporations
nav 20 in eliminating competition from
retail trade. United States Judge John
a Marshall this morning spoke for
half an hour in the federal court.
He was listened to with the most in
tense interest on the part of both the
Jury and the counsel for the United
States and for the defendant corpora
lions and their agents charged with
conspiracy in restraint of Interstate
trade.
ATTY. vARIA,S ExcEPTs. 81
AS he proceeded in his charge the
interest Increased in tenseness, and
when he finished Atty. Varian for the
defense arose to take exceptions to the
wording Of the charge, but did 1t in
voice visbly affected The defendants
Moore and buckingham had leaned for
ward as the charge became personal
as to Them and as Judge Marshall de-
cared that the argument of the defense
was Of no force where it sought to limit
the responsibility for the refusal to de-
liver coal to Mr.. Sharp. to Mr.. Moore
who obviously could not combine with
himself, Air. Moore's head sank well
down upon his shoulders, while Mr..
Buckingham flushed visibly.
The charge was commenced at II
O'clock and was completed at 1890.
fnlln,tnl ~, I{,,,y ccIn cpa n
the jury by L. S.. Dist. Atty. II. E.
Booth, in which he compared the ac-
tons Of the railroad company and the
coal company as arbitrary as that of
the car of Russia and the actions of
the complaining witness, D. j.. Sharp,
saturated In the spirit of '76. fighting
Its way to freedom against new trade
bondage that is defeating the present
American civilization.
STATUTE DEFINED.
By q reasonable doubt is not meant
every doubt" said Judge Marshall in
cautioning the jury as to how 1t was
loproceed in finding its verdict. There
lsa statute" he continued, which de-
elares every combination or conspiracy
IN restraint of trade between states be
Illegal The first thing then to consider
between states The admitted facts
are that the Union Pacific Coal com
panyi In Wyoming sold to d. J. Sharp
u Salt Lake City, coal in bulk to be
sold by him at retail, this coal coming
over the lines OF the Union Pacific rail-
road, common carrier.
anything which tended to prevent
sad D. j. Sharp or to lessen or restrict
ais power to sell in this coal in COM
petition with other retail dealers would
constitute restraint of trade.
II you find that the defendant COM
plned so that said Sharp could not re-
. ,Se coal from said defendants I'M
iess he RETAINED from advertising to
sell this coal at reduced price, then
you are to find them guilty.
Corporations charged with a criminal
o .L can only act by and through
.nsir agents. If any agent of cor
! yotation does an act prohibited by law.
we corporation becomes guilty of doing
mat act. The knowledge and acts of
IN, Inc agent are the knowledge and acts of
me corporation.
oFFENsE TO Law
20 man can without liability tn
i,liiseif commit an act for the benefit
". ii corporation Which offends TIE law,
@.tholt he himself offending it.
N shis case the Union Pacific rail-
.oad and Oregon Short Line railroads
a ais common carriers. The Union Pa
ing ~, railroad owns the stock of the
Ih 10 Pacific Coal company The D.,
I. sharp coal company advertised that
would sell storage coal purchase d
plo shipped over the roads of the de-
tsadant railroads..
,w., 10 The extent that a combination
o INV agreement existed between the coal
t,olilpany and the railroad companies TO
t.sa. ~ coal 25 cents cheaper and sell
= %. % cents cheaper for storage purposes,
no say no law was violated but that this
~ ss, J was commendable. If II
, .so gone no farther than that the
f Ssasule would not be found to be Of
Ar you believe that any two of these
t " 1as combined together further
tt ~ hntertere with the retail price OF coal,
- - your duty to lind them guilty, re-
asal that any illegal act OF an
' ss.t binds both himself and The cor
pVtation he represents.
RELATION OF COMPANIES.
p, Now the mere fact that the Union
hs3t .hc coal companyts stock is owned
l Y Mon Pacific railroad does not
pss,at them identical. But IL the Union
) i,ri sinc railroads officers have had
dHt lsulcttOn over. the nffina.t III. ,.,.,l