Los Angeles herald., 1910-12-09
ONE COAL TRUST
KILLED, BUT R.R.'S
GET CLEAN BILL
Federal Court Gives Government
Black Eye in Suit to Prove
Wide Conspiracy
TEMPLE COMPANY DISSOLVED
Three Judges Split in Decision,
but Two Agree on Minor
Combination

PHILADELPHIA, Dec. S.-The feo-'
eral circuit court for the east district
of Pennsylvania today decided there is
no general conspiracy among the an
thracite coal carrying roads or coal
companies to restrain commerce, to
monopolize the trade or to maintain
certain prices, but it did decide that
the Temple Iron company is a COM
bination of anthracite coal carrying
railroads in violation of the Sherman
antitrust law.
The court granted the prayer of the
government for an injunction restrain
ing that corporation from continuing
violations of the act. The sum and
substance of the decision is that the
government wins only one of several
points, that in the Temple Iron COM
pany case, and that the defendants will
not be compelled to change the pres
ent prices of coal
The case was heard before Judges
George Gray, Joseph Burlington and
William M. Lanning last February.
Three differing opinions We're handed
down this afternoon.
Judge Gray dismissed all of the
governments charges except that re-
lating to the Temple Iron company,
which he sustains.
DIsSOLVES TEMPLE COMPANY
Judge Gray then takes up the mat
ter of the Temple Iron company. 1t
appeared from the testimony that
when Simpson & Watkins, an indie
pendent coal mining company, led a
movement to build an independent
coal road to New York in order to get
it's coal to market cheaper, the six
coal carrying railroads named formed
a combination and purchased tt + l
pie Iron company, which had -1-
ket charter permitting it to rsine Or
sell coal. The presidents of ma
jority of the anthracite coal cor1paO .s
are directors of the companies -hira
purchased the interests of Sim son 4,
Watkins, and therey killed til ue"
railroad project. Judge Gray SAYS.
| ut seems to me clear that an ~--e-
ment was entered into by the o. an-
dants named which resulted l.. r
| certed action for the avowed p
| of bringing about an abandonn -r
| the project for a route from tt .-
! oming coal field in PennsylVar lt -"
| the carriage of coal to tidewater u be-
state of New York. This avow, Ia
conceded purpose rendered all tn .aH
done in pursuance thereof viola 'Fa -f
the act of congress in question how
ever innocent and legitimate it uigF-
otherwise have been.
DENOUNCED AS ILLEGAL
"I cannot escape the conc
therefore, that the decree of this Cow
should denounce as illegal the s-
bination by which this result
brought out, if a decree for a. .-
junction under the prayers con ai.-1
in the petition can be founded Hlu
such announcement.
1.-The injunction or restraining t-t
specifically prayed for in the pt H
should be granted so far as "'
serve to prevent and restrain Il i-
ture or continuing violation
fact"
Judge Burlington restricted his
ion to the discussion Of two sui
the Temple Iron company, whith
declared is an Illegal combination w
the 65 per cent contract transa cl,
which he also believed to be lille
Judge Lanning came to the conclu-
sion that the government contentious
should be dismissed on merit except
that of the Temple Iron company,
which he believed should be dis
missed without prejudice.
The form of decree to be issued in
the case of the Temple Iron company
will be taken up later by the court.
The case now goes to the supreme
court of the United States.