The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-09-12
Expected on Application Of Anil
Trust Law 10 Business
EARLY IN THE NEXT TERM
Court Intends to Hear Arguments
During First Month OF Session on
a Number OF So-called "Trust''
Cases Appealed by the Govern
ment From the Lower Courts.

1
on the application of the Sherman
ANTITRUST law TO the business of the
Jay is expected from the supreme
court of the United States shortly af-
ter the oDenig of its session next
month. Several antitrust cases
ad7anced for early consideration by
the tribunal, are being relied upon
to give the court greater opportunity
than that afforded in the recent
Standard oil and tobacco decisions to
interpret the law and to impress
luLon the country how the court pro-
poses the law should be enforced.
L Is planned by the court In the
first month OF its session to hear ar
guments in the so-called hard coal
case" the cotton corner case and
the st. Louis bridge case" Possibly
later in the session the court may
consider the so-called "turpentine
trust case" Each involves knotty
problems growing out OF attempts OF
the government TO punish alleged
violations of the Sherman antitrust
law With the exception Of TIE So
called "turpentine case" the govern
raent has been defeated In the lower
court and has appealed to the su-
preme court TO uphold its interpreta-
ltion Of the law.
The hard coal case" constitutes a
government attack on the principal
anthracite coal-carrying railroads
and coal-owning companies in Penn
sylyania. Ii is claimed that since
llss5 these companies have beer
ra:ties TO a combination and con.
spiracy with the general object OF
ending competition among them
selves in the transportation and sale
Of anthracite coal and Of preventing
tie sale of the independent output in
competition with their own, design
irg hereby to secure to themselves
virtual monopoly. Besides this,
general conspiracy alleged, a num-
her Of little conspiracies, not only
forming a part OF the general con-
spiracy but occupying an indepen-
dent existence, have been charged by
the government. All the charges
we're over-ruled by the lower court,
the United States circuit court for
Eastern Pennsylvania, except that
concerning one Of the so-called lit
tie combinations" the Temple Iron
Company. In that instance, an in
junction was granted.
Nothing like the cotton corner
case" has ever been before the SUI
Iltome court, II is said. The govern
ment will ask the court to overrule
the action of the United States cir
cult court for Southern New York, in
striking out Cf an indictment against
James A. patten, Eugene G. Scales.
Frank B. Hayne and William p.
Brown, three counts. These counts
charged in substance that these men
conspired 10 monopolize the inter-
state trade and commerce in avail
able cotton by acquiring enough OF
that commodity on the New York cot
ton exchange TO give the alleged con-
spirators power TO fix arbitrary and
excessive prices. II is charged that
they knew the national result Of run
ming a corner" would be to obstruct
] the cotton trade and injure bonafide
spinners and manufacturers by COM
pelling them IN buying cotton. to
compete with short sellers who
would be Purchasing under the abb
normal conditions produced BY the
corner" The lower court held
that the restraint OF the trade of the
spinner and manufacturer was re.
mote and indirect and the operation
OF running a corner" on the market
was not a violation Of the Sherman
anti-trust lav.
In the ''St. Louis bridge case. the
government claims that the agree.
ments whereby the terminal railroad
association Of Sc. Louis acquired the
Ownership and control and operates
the "Eads bridge" and the Mer.
chants bridge" across the Mississippi
violate the Sherman antitrust law,
The United States circuit court for
Eastern Mississippi dismissed ths
bill.
The so-called "turpentine trust
case." Involves the validity OF the in.
diotment and conviction of head ON.
cials OF the American Naval Stores
Company on charges Of having vio.
lated the Sherman antitrust Law
Last spring. the court declined to ad.
vance the case for early hearing, but
10 Is barely possible II may do so this