The Birmingham age-herald., 1910-12-09
DECISION GIVEN
 IN ANTHRASITE
 CARRIER CASES
CONTINUED FROM PAGE II


 rncnt does not convince us that the evi- dence discloses any such general con tract, combination or conspiracy among the defendants in restraint of trade oI commerce among the several states, or to fnonopolize any part of the trade or com rnerce among the same.
 Judge Gray then takes up the matter of the Temple Iron company. It appeared from the testimony in the case that when Simpson & Watkins, an independ- ent coal company, began the movement to build an Independent coal road to New York in order to get their coal to mar ket more cheapy the six coal carrying railroads named formed a combination and purchased the Temple Iron com pany, which had blanket charter per hitting it to mine or sell coal. The pres idents of a majority of the anthracite coal companies are directors in the com pany which purchased the interests Of Simpson & Watkins and thereby killed the new railroad project.
 Iron Compapy's Transaction
 Of this transaction Judge Gray says: "As to the Temple Iron company trans action in which seven of the defendants are involved, to-wit:
 The Reading company, the Central Railroad company of New Jersey, the Iehigh Valley company, the Delaware, l.ackawanna and Western. the Erie Rail- read company and the New York, Sus- queshanna Railroad company, and the charges supported by the truth, that the defendants named entered into a combination or conspiracy to defeat and prevent the building of a railroad and the construction of an interstate route for the carrying of coal from the Wyoming region. to the tidewater. l agree with the conclusion reached in one of these opinions fJudge Buffington that this so- called Temple Iron company transaction Involved a combination or conspiracy be- tween the defendants in violation of the act of July ?, 1890, as being in restraint e commerce among the states.
 Ut seems to me clear that an agree ment was come to by the defendants named, which resulted in concerted action for the avowed purpose of bringing about an abandonment of the project of q route from the Wyoming coal fields, in the state of Pennsylvania, for the car riage of coal to tdewater in the state of New York.
 The combination brought about the abandonment of the project and the pos si5ility of a competing road in interstate commerce was, for that time being, frus- trated. I cannot escape the conclusion, therefore, that the decree of this court should denounce as illegal the combina- ton by which this result was brought about.
 The injunction or restraining order specifically prayed for in the petition should be granted, so far as it will serve to prevent and restrain the future or continuing violation of the act
 Bumngton's Opinion
 Judge Burlington restricted his opinion to the discussion of two 4subjects-the Temple Iron company which he declared is an illegal combination, and the 65 per cent contract transaction which he also believed to be illegal.
 Judge I.annng in his opinion discussed all the contentious of the governmen and came to the conclusion that they should be dismissed on merits except that of the Temple Iron company, which, he be- leved, should be dismissed 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. when coun- seI for both the government and the de- fendanfs will be heard.
 The case. which will now be taken to fhe supreme court of the United States probably. was hard fought. Following the filing of the suit in 1907, an examiner was appointed and about two years were spept in taking the testimony of both sides Four days were given up to ar eument in the latter part of last Feb