The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-11-15

ever, were later reversed by the fed
eral court of appeals. sitting at St.
Paul. and the eases remanded for new
trials. They have since been dis
missed.
Criminal Conspiracy.
The action against these interests
was, filed in the federal court on
November I. 1907, following the action
Of the federal grand jury which re
turned TWO counts against them: NiO-
lation OF the interstate laws. and Grim
! inal conspiracy in restraint Of trade
ana thus forming a monopoly.
During the course Of the trial. which
was sIubbOrniy fought it was brought
out that David j. Sharp had been do
ing business in Salt Lake for ii years
handling coal. He was forced to put up
a bond OF $1,000 10 the oregon snort
Line that he would pay for the coal
and for the freight thereon. lie then
fitted up an office and spent consider
able money in arranging his coal yards.
In the federal grand Jury's indictment
II was charged that because the adFer-
tisements were published for the sale
of storage coal at so cents per ton less
than the regular rate. James Ii Moore
came to him and declared he would
stop his shipments Of coal
On July 20 1906. il was charged. this
action was taken by the coal company,
and the railroad also refused 10 handle
shipments OF coal 10 Sharp. Moore re
fused 10 take or fiji orders. and the
railroad company refused 10 deliver
them, even diverting several cars OF
coal which We're then on the way TO
Sharp, a he was one of the largest coal
dealers in Salt Lake al The time. doing
business at IS Main street II was
charged that through this means, Sharp
was forced out of business and the
price of coal was controlled absolutely,
I thus preventing competition among re-
taileFs.
SFarn had been in partnership with
w. b. Sprague between 1903 and 1906,
when he continued business under his
own name. He handled some hard coal,
but nearly all OF his business was the
lump ccal from the Cumberland and
Rock Springs mines of the Union Paci-
fic Coal company. He did not deal in
coal from the Utah mines at all
Mr.. Sharp testified that on about July
IS, 1906, be caused to DE inserted in all
OF the salt Lake daily newspapers, ad-
vertiseInents making a cut OF so cents
per ton in the price or storage coal
that Is, coal TO be stored and not used
until later. He did this, he testified.
TO increase his sales.
Before taking this step, however,
Sharp had gone TO the office of the
Union Pacific Coal company, then in
the Kenyon hotel building and IN
formed clerks in the office of his in
tcntiOns.
ON Cutting the Price.
When the advertisements appeared
/
company, a firm competing against
Sharp, threatened 10 cut the price OF
coal another 80 cents, making II $40
per ton. and leave il at that price dur
ing the winter. unless the advertise
ments were Withdraw n. Mr.. Moore,
sales agent for the Union Pacific Coal
company, went to Mr.. Sharp In the nope
! of having the advertisement taken out
and of keeping the price the same as
In regard to this discussion. Mr.
| Sharp testified:
well we discussed the matter and
/ I told him this: That l had been 70
/ his office and got authority 10 do IL,
| and told him 1 was going 10 do IL, and
/ had not been told not TO, and now tnat
! / had done il ! meant 10 stay with H.
/ that 1 would not take il tthe adVer-
| tisemenD out. He said he would have
/ to stop my COAL
That was after the advertisement ap-
/ peared in the local papers and after
/ other retail coal men called up the
/ Union Pacific ana declared that they
must have protection. On the stand
I AR. Moore also admitted that he had
I told Sharp he would have 10 stop MS
shipments of coal unless he took the ad-
/ Vertisement out of the papers and went
] back 20 the old price OF coal again.
I charging the consumer 80 cents per ton
more than the advertisements stated
/ 1t was shown that Sharp had been
getting two or three cars daily from
! each of the Two Union Pacific mines
in Wyoming, and that he was one OF the
/ largest dealers IN Salt Lake OF the
/ Wyoming coal.
After the lowering Of the price of
Z coal and the interview with Moore,
I Mr.. Sharp went TO the office OF the
/ Union Pacific Coal company TO learn
about the shipments OF some coal. There
/ he was informed that his orders had
been Cancelled and that some OF the
Z carloads or coal billed TO him had been
diverted from their course and sent 10
I other dealers.
lit was not long before the coal in
/ Sharp's yards was sold out, and dur
ing all this time the price of coal re-
mained at 1928 amOag all OF the deal
ers but him. When Sharp was about
/ sold out Harry c. Nalsbett wanted 20
buy the business, and went 10 Moore
in looking up the matter On the stand
before the federal jury. Mr.. Naisbett
/ stated that Mr.. Moore told him he could
not get any of the Union Pacific coal
I as long as the company used Sharp S
/ name or office or teams. SO Nalsbett
did not go into the business, and Sharp
passed out of the coal business in salt
{ Lake-a sacrifice 10 monopoly In salt
Lake, thus removing the last barrier
to monopoly in the coal business in this
city.