Daily press. [volume] (Newport News, Va.) 1896-current, 1910-12-09
ALL CHARGES Blu, One
DISMISSED BY JUDGES
Eastern Pennsylvania District Tribu-
nal Says There is No Combination
Between the Corporations in Re-
straint Of Trade as Alleged by the
49,
Government.



The United States Circuit Court for
the Eastern district OF Pennsylvania,
today dirscted that there is no gen
eral conspiracy among the anthracite
coal carrying railroads or coal com
panies TO restrain trade or commerce.
OF to mOnopolize tho trade or to main
tain certain prices. but IL did decide
that the Temple Iron Company Is q
combination of anthracite coal carry
ing roads in violation of the Sher-
man antitrust law and granted the
prayer of the government for an In
junction restraining that corporation
from continuing violation OF the
act.
The sum and substance is that the
government wins only one os several
points. that in the Temple Iron Com
pany case and that the defendants
will not be compelled TO change the
resent prices of coal a. result OF
the courts decision.
Three Opinions Handed Down.
Tho case was heard by Judges
George Gray. Joseph Burlington and
William NJ. Lanning. last February.
Three opinions were handed down
late this afternoon and each differs
from the others.
Judge Gray dismlsses all of the
governments charges except that re-
lating % the Temple Iron Company.
which ne sustains.
judge Burlington dismisses all the
charges except the one against the
Temple Company and the one reiat-
ing 10 the g. per cent. contract ex-
istinr between the big corporations
and tho Independent coal companies.
he sustains the charges OF violation
of law on these TWO points.
Judge Lanning dismissed all the
contentious that were made by the
government.
The suit was filed in June. 1907.
during President Roosevelt's admins
tration.
Concerns Involved.
The defendants incluc the Reading
Company and Reading Railroad; LIE
high Valley. Delaware. Lackawana
& Western. Central Railroad OF New
Jersey. .,rse Railroad. New York,
Susauehanna e. Western Railroad.
Ph:lad alpha g. Reading Coal & Iron
COMPANY: Lehigh Valley Coal Com
many: Lehigh K WiIkesbarre Coal
COMPANY: Pennsylvania Coal Com
pany: Hillside Coal G. Iron Company:
New York. Susquehanna 4 Western
Coal Company; Temple Iron Com
pany. and about forty individuals or
so-callad independent coal companies.
The theory of the governments
Gaze was that all the defendants had
long been parties TO a general combi-
nation and conspiracy. which stineo
corrpetftion and obstructed trade snc
commerce IN anthracite coal IN the
separate acts charged in the suit
against various groups OF the defend
ants we're steps toward the common
goal and that these separate acts OF
the various groups were independent
" ia violation OF the Sherman anti
trust act.
Tho government asked that the
court adjudge and decree that:
Charges Preferred
THE defendants are parties TO
combination and conspiracy In re.
straint Of trade and that they be en-
Joined from continuing this comoina'
| ton.
2-That they be snjoined from con-
( timing the contract existing between
the big corporations and the indepen-
/ dents.
3.-That the acquisition by the Erie
Railroad 81 The capital stock OF the
New York. Susquehanna 4 Western
Railroad and Of the Penns ylvanis
Coal Company and the Delaware Nsh
ley aad Kingston Railroad was ihcg'
al under the antitrust act
t-Tha; the acquisition by the
Reading Company Of the cani;al sfoct
o. the jersey Central vas also Heal.
s-That the ACQUISITION by the I-e-
hieh Valley Railroad 81 the capital
stock q Coke Bro,kers & Company
was alec illegal
shat the Temple Iron Company
10 declared a coordination Of tfe do.
/ fendant railroad IN violation Of the
law and that shs combination be dis-
solved.
S. Per Cent Contract
The independent coal companies
we're brought into ne case fhrouch
. fhe so-caIied 81 pcr cert contrac.
I transactions. The independents sell
heir producf 70 the big companies Tor
s. Der cent Of he price the big corn.
panies receive for q AZ fidewaicr. The
| Government commended that tho indc-