The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-09
Conspiracy Case Against
Railroads and Coal
Companies Decided.
ONE POINT is WON
BY GOVERNMENT
All Others Are Decided in Favor
Of Defendants, and They Will
Not Be Compelled to Change
Present Price of Coal.
No General Con-
spiracy.

Philadelphia, Pa, December S.-The
United States Circuit Court of the
Eastern District Of Pennsylvania to-
day decided that there Is no general
conspiracy among the anthracite coal
carrying railroads or coal companies
to restrain trade or commerce or to mo-
nopolize the trade or to maintain cer-
tain prices, but it did decide that the
Temple Iron Company is combina-
ton OF anthracite coal carrying rail-
roads. In violation of the Sherman anti
trust law, and granted the prayer of
the government for an Injunction re-
straining that corporation from contiii-
uing a violation of the act The sum
and substance is that the government
wins only one of several points that
in the Temple Iron Company case. and
! that the defendants will not be COM
! PEELED to change the present prices OF
| coal as a result of the courts decision.
| Three Opinipns.
| The case was heard by Judges George
Gray. Joseph Burlington and William
| NJ. Lanning last February. Three opin-
ions were handed down late this after
noon, and each differs from the ,Yher.
Judge Gray dismisses all of the gov
ernment's charges except that relating
to the Temple Iron Company, which he
sustains.
Judge Burlington dismisses all the
charges except the one against the
Temple Company and the one relating
to the 65 per cent. contracts ex-
listing between the big corporations and
the independent coal companies. he sus-
tanning the charges of violation of law
on these two points.
l Judge tanning dismissed all the con-
tentions that were made by the gov
ernment
The suit was iIed in June. 1905. dur
+ ing President Rooseyelts administrd-
ton. The defendants included the
: Reading Company. Philadelphia and
Reading Railway. Lekigl Valley Rail-
road, Delaware. Lackawanna and Vest
ern Railroad. Central Railroad of New
Jersey, Erie Railroad, New York, Sus-
quehanna and Western Railroad. Phil
4 adelphia and Reading Coal and Iron
Company. Lehigh Valley Coal Company.
Lehigh and Wilkesbarre Coal Company.
Pennsylvania Coal Company, Hillside
Coal and Iron Company New York.
Susquehanna and Western Coal COM
pany, Temple Iron Company and about
forty individuals or so-called independ-
ent coal companies
Tho theory of the governments case
was that all the defendants had long
/ been parties to a general combination
and conspiracy, which stihed competi-
ton and obstructed trade and COM
merce In anthracite coal; that the sep
arate acts charged in the suit against
various groups of the defendants were
steps toward the common goal, and
! that these separate accounts of the
various groups were independently in
| violation of the Sherman antitrust
act.
What Government Asked.
The government asked that the court
adjudge and decree that:
i I, The defendants are parties to a
combination and conspiracy in. re-
straint of trade, and that they be en-
i joined from continuing this combina-
tion.
2. That they be enjoined from. contln-
uing the 65 per cent. contract existing
between the big companies and the in
dependents.
I 3. That the acquisition BY the Erie
Railroad of the capital stock of the
/ New York, Susquehanna and Western
Railroad and of the Pennsylvania Coal
| Company and the Delaware Valley and
Kingston Railroad was illegal under
the antitrust act
4. That the acquisition by the Read
ing Company OF the capital stock OF
the Jersey Central was also Illegal.
8. That the acquisition by the Lehigh
Valley Railroad of the capital stock OF
Coke Brothers & Co. was also illegal.
6, That the Temple Iron Company
be declared combination of the de-
fendant railroads. in violation of the
law, and that the combination be dis
i solved
| The independent coal companies were
brought into the case through the So
called 65 per cent contract transact
tions. The Independents sell their pro-
duct to the big companies for Go per
cent. of the price the big companies
i receive for 1t at tidewater. The gov
ernment contended that the independ-
ents were forced into making Theses
contracts because there was no other
way to get their coal to market II the
coal companies chose to discriminate
against them in the matter of cars ana
rates.
The case will probably not be taken
to the Supreme Court of the United
i States.
/ INKS G0OD To HARMON