New-York tribune., 1910-12-10
RAILROAD men JUB|LAN1
REGARD "Anthracite" Decision as
Victory for Carriers.
STOCKS MAKE ADVANCES
Baer Says Temple Company Is
Not Factor of Importance IN
the Coal Trade.

Tho decision of the United StateS NdSule
Court in the so-calied AnthraciIe 1Iust
cases was well received In :" an street,
where it was regarded as practeaiiy d VIC
tory for the railroads. This vie" was re-
Hected in the stock market. e
stocks of the various roads anecteo oS the
decision opened at an advance oil Ifoii -
21a points. ..a =, tho
+,s cases would be carried TO
+ra r-,ited States Supreme Court. tne VIC
tory won by the anthracite Ioau7 -
,o,,er court was regarded as of the utmost
Tbe fact that the decision
- . 70 the Temple Iron company
- - a-eao- on sentiment. the hndlns OF
N. court in this connection being appa'
emily looked upon as nlereS
victory fer the government
p=-ood s++ornevs held tnnt one OF the
e+ i-,nor+ant points in the declsioh, from
tho roint of view of the nterpie'a'io" "a
H. SHERMAN antitrust law, was the Sus
t;,i,o of the uosition Of the Reaolhs coih-
,.,v IN ite ownership of a rla1or'tS Vi 'he
e+ocL of tho Central Railroad OF Ne"
CO.. and of the Erie Railroad IN its con,
-, - .ra New York. Susquehanna
Western. ps.dine
George = Raer. president OF the hsdoi"s
- ~ statement given out dt
Philadelphia said <or the
THE decision is a great Vi''o
anthracite industry Of pennsylvania
- .t.ra is no combination TO resu-
- ,,-ioe sale and production OF coal
T. holds the s. per cent purchase coii' o.
-. ,a-oI If afTirrns the legality OF the
nurchase of the Jersey CentTai s'o
~ paadiny company. The only point ue-
cided against us was that there "aS d -
binstion organized as the Tempe iio"
cor,nsnv which defeated the coilsti ~
of railroad and that they Floia'eN
Sherman antitrust act TO the eACeh' nc
an Injunction might be granted 10 ~
!, the future a continuing violation Oh '"e
antitrust act -
Judge Lannin points out as u '"e
arnnoent-s allegation, that the coiSt' -
of the proposed railroad has aireau! 80
defeated and that the court cdIiiot
a past violation of the act ne
does it appear. if the prayer Tor an III
junction should De SId4Ie'' '
road would be built
.'In other words any decree unoer 'io
oninion that can be entered against the
-Ta,,-1a Iron COMPANY will have no prac-
.;o1 arec+ on the business Of that com
nam The Temple Iron Company Is not
factor Of any Importance Whatever III 'H0
anthracite trade.
Pobart W. De Forest, vice-pres1dent ana
.1 counsel of the Central Railroad OF
New Jersey. said:
AS vet I have read only the newspaper
rar,-ts of the Temple Iron decision, put
in nv Judgment the decision VIII nave no
nracticaI effect on the coal trade or coal
prices.
George F. Brovnen, vice-presldent ana
general counsel of the Erie Railroad COM
pany, had this TO say
THE matter has been definitely settled
and TO the advantage of all concerned l ne
decision is in the railroads favor on all
material points. Misled by popular aslta-
tfon. the public had been persuaded 10
think that they were being ground down
nv N, anthracite trust which fixed the price
of coal The suit was started in response 10
demand that the Government do some
thing II could have been carried 10 d
decision under the previous administration
and the railroads would have been GLAD TO
have had the whole matter ventilated years
ago It is significant that three judges, ap-
nroaching the case. from different angles,
reached the same conclusion The decision
ought TO prove helpful to business
Washington Dec. 9.-The government
case against the so-called Coal Trust VIII
be carried to the Supreme Court OF the
United States
In q statement issued to-day the De-
nar+rnent of Justice set forth its deter
rnination not to be satisfied with the par
tiaI victory in the United States circuit
Court at Philadelphia, which held the lem
ME Iron Company TO be an Illegal com
binatior in restraint of trade The state
ment is as follows:
AS soon as the Judgment Is settled ana
entered the government Will appeal 10 lne
Supreme Court from so much of the Juos-
n,ent as is in favor of the defendants Inc
case will be entitled to priority IN Ine
Supreme Court. and il is hoped that IL
NAV be advanced and heard at a reason.
ahiy early date The department is. OF
Cnrrse gratifed at the result so Tar as II
is favorable to the government
James c. McReynolds, who appeared lot
the government as special counsel, to-day
had a long conference with Attorney Cen
eral Wickersham regarding the case. Mr.
NcRevnolds. who is counsel for the gov
eminent in the antitrust suit against IHs
American Tobacco Company. also talked
Uith t1e Attorney General about the case
scHEFTELS & co.'s DENIAL.