New-York tribune., 1911-10-11
COUNSEL RESENTS ATTACK
BIASED ALL ON HEARSAY 1,OO0FORL0R|MER VOTES COUNSt
McReynoIds Calls Charges OF
Coal Roads Lawyers False.
ARGUMENT OF CASE BEGUN
Government Alleges Conspiracy
to Monopolize Trade in Anthra-
oite-0ne Defendant Heard.

Washington. Oct io-Resentinz an at
tack on the integrity Of counsel for the
government in the suit m dissolve the So
called Anthracite Coal Trust. J. g. Nc
Reynolds. special assistant 70 the Attorney
General in the prosecution Of the suit,
made the unusual motion before the su-
prerne Court TO-DAY n strike from the hles
certain statements made IN the brief Or
Robert ". ne Forest and Jackson :
Reynolds. counsel for the Central Railroad
ot New Jersey The attorneys FOR the rail
road charged the governments counsel
with studied deliberate and inexcusable
misrepresentstions OF important portions or
the record These charges were charsc-
terized by counsel for the government "a
maiiciousv false Seldom In the history Of
the Supreme Court. where the proceedings
are OF the most deliberate and dignihed
character has the lie been so nearly
passed.
The Attorney General and Solicitor Cen
eral Lehman were present when the mo-
ton was made 10 strike from the files the
language OF counsel for the railroad. who
referred TO the government brief as having
by an artificial juxtapositon OF unrelated
facts created an artificial atmosphere OF
suspicion. which is made 20 distort ordi-
nary business transactions and even in
exorable economic laws into proofs Of COM
bination and conspiracy Chief Justice
White said that the court would take the
language complained Of under considera-
ton
Mr. McReynolds argued that the evi-
dence presented by the government IN the
United States Circuit Court for Eastern
Pennsylvania showed that there was a
combination between the railroads and the
coal companies to avoid competition IN
the production. sale and transportation OF
anthracite. Since 1874. he told the court,
the defendant railroads had manifested a
purpose 10 effect such a combination. As
the constitution Of Pennsylvania forbade
the railroads 10 engage, directly or indi-
rectly. I'm mining he argued. they had
sought 10 evade the law by buying stock
IN companies that did mine coal
As evidence Of a conspiracy he called the
attention Of the court TO the railroads buy
ing stock in the Temple Iron Company ana
the latter company purchasing the leading
Independent coal concern. which was said
TO be supporting a plan 10 build a road
10 compete with the defendant railroads.
He pointed 20 the so-called 81 per cent
contracts whereby the railroad coal COM
panies buy the regulated output Of the
independent mines during the life Of the
mines. as another evidence Of monopoly.
The fact that prices Of coal sold BY the
companies varied FOR years. suddenly be-
came fixed at a high point and remained so
for ten years. he contended was further
evidence of combination. Much time was
spent on what he declared were special
combinations constituting independent vio-
latious OF the Sherman low.
In critcsing the 50 per cent contracts
NJ. McRyuolds said that among other vices
they suppressed competition between the
railroad coal companies az buyers and as
sellers and between the railroad coal com
ranies and the independents, regulated and
restricted the output. DESTROYED the posi-
hilitv of competition between railroads and
new lines and. M effect. caused the rail
roads 70 depart from their published
freight rates
Mr.. Warren maintained that the inde-
pendents did not intend IN construct an
Interstate railroad. and therefore that the
governments charge that tho Temple Iron
COMPANY was reorgsnized by the railroads
10 throttle the construction Of an inter
state carrier was unfounded.
ATTORNEY General Wickershan is expected
n address tho court tomorrow IN regard
m the application of the Sherman law 70
the facts In tho case. and John q. Johnson.
NJ Philadelphia. and others v'U defend the
rornorati0ns