The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-12-09
RAILROAD COAL
I, TRUST ILLEGAL
Temple Iron Company Bought
Merely TO Kill OF New
Line.
NO OTHER INSTANCE OF
FUEL CARRIERS CONSPIRACY
Six Anthracite Lines Bought
Concern Because 1t Had
Blanket Charter.

PHILADELPHIA, Dec. S-The United
States circuit court for the eastern dis
4 trict OF Pennsylvania today decided thai
there is no general conspiracy among
the anthracite coal-carrying roads or
coal companies To restrain commerce. 10
nonopoiize the trade, or to maintain
certain prices but it did decide that
the Temple Iron company Is n comblna-
ton OF anthracite coal carrying railroads
In violation Of the Sherman antitrust
Law.
The court granted the prayer Of the
government Tor injunction restraining
that corporation from continuing viola
tions 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 tina, the defendants
VIII not be compelled to change the
present price of coal,
Judges Opinions Differ.
The case was heard by Judges George
Gray. Joseph Burlington and William l..
Lanning last February. Three opinions
were handed down late this afternoon.
judge Gray dismissed all Of the gov
crnmcnt3 charges except that relating to
the Temple Iron company. which he sus-
4 tains.
i Judge Burlington dismissed all ibe
cliarges except the one against the Temple
company and one relating TO The 65 per
cent contract existing between the big
corporations and the Independent coal
companies. Hc sustained the charges
of violation of law on these two points
Judge Lanning dismissed all The con-
.tentions made by the government
The suit was filed In June, 1907. dur
ing President Roosevclt's administrator
Defendants included The Reading COM
pany. the Philadelphia & Reading rail-
way. the Lehfgh Valley railroad. the
Delaware. Lackawanna & Western rail-
road, the Central Railroad Of New Jcr-
sey. the Erie railroad, tic New Susque-
hanna & Western railway. the Philadel-
|phia & Reading Coal & Iron company
The Lchigh Valley Coal company. the Lc-
high & Wilkes Barre Coal company, the
Pennsylvania Coal company. the Hill
4 York. Susquehanna Western Coal
company. the Temple Iron compuny. anu
about forty so-called independent coal
7 compa panicS
k Killed New Railroad.
The three other anthracite roads were
not involved in the suit, as they were
not competitors in carrying anthra cite
10 udewatcr They are the Pennsylvania,
the New York. Ontario & Western. and
I the Delaware & Hudson.
The theory OF the governments case
was that all defendants had long been
parties TO a general conspiracy which
stlfled competition in anthracite coal.
Tile independent coal companies were
brought into the case through the So
called 90 per cent contract transaction.
The Independents sell their product TO
the big companies for G5 per cent of
. the price the big companies receive for
IL ut tidewater The government con-
tended that the independents were forced
( Into making these contracts because
there was no other way 10 get their coal
to market.
Judge Gray. in the matter of the Tenn
pie Iron company, says:
1T appeared from the testimony in
the case that when Simpson & Watkins.
an independent coal mining company, led
a movement tn build an independent coal
road to New York in order TO get their
coal TO market cheaper, the SIX coal
carrying railroads named formed COM
bination and purchased the Temple Iron
company. which had a blanket charter
permitting ii 10 mine or sell coal The
presidents of a majority OF the anthracite
coal companies are directors Of the COM
pany which purchased the Interests OF
Simpson & Watkins and thereby killed
4 The new railroad project"