New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-01
'COLONEL BEING TEMPTED CALLS COAL CHARGE LIE
Lackawanna Manager Demands
That Name Be Cleared.
ARCHIBALD TO HIS NEPHEW
Wrote He Was Going Back to
Washington Unless Hotheads
Put Court Out of Business"

| Washington. May 31.-Edward T.. LOOMS
vice-presldent and general manager Of the
Delaware. Iackawanna & Western Rail-
road, demanded to-day that the House
/ judiciary Committee clear his name OF
7 vicious lies which he said appeared IN
/ the testimony concerning him In the in
vestigation of charges against Judge r
! w. Archibald, of the Commerce Court.
LOOMS was indignant over the state
| ments of G. q. Boland, who told the COM
| mttee that he understood that Judge
Archibald. Mr.. LOOMS and President Truss.
dale OF the Lackswanna were TO be the
beneicIaries OF $4,000 Increase in the
price for which Boland and his brother
were TO sell the Marion Coal Company To
the railroad.
| Mr.. LOOMS denounced this testimony a.
an unqualified lle," without particle OF
truth TO sustain IT, He testified he believed
! that Judge Archbald's interest IN the sale
Of the Marion Coal Company 10 the rail
road was simply the result OF Archibald
| friendship for the Bolands and his ac-
quaintance with the railroad officials.
| William s. Jenney, vice-presdent and gen
eral counsel for the Lackawanna denied
that an attempt had been made 70 secure
| from Judge Archibald. when he was on the
| District bench, a decision which would
eliminate the Marion Coal Company as a
complainant against the Lackawanna BE-
! fore the Interstate Commerce Commission.
William H. Truesdalc, president OF tn
Delaware, Lackawanna & Western Raj.
road. called to testify TO Judge Archibald
participation in coal dump dealings with
his railroad, said he did not talk with the
him. He said the Judge had not written
to him. but to other officials OF the road
about the Marion Coal Company He SAID
conference or this controversy was held
and he attended II.
Mr.. Truesdae said he was somewhat p'iz-
zled that a judge should he roncerned IN
the matter, but. as Judge Archibald lived
In Scranton. he thought his interest might
have been of a neighborly character.
Judge Archbald's negotiations with tn
Girard estate. OF Philadelphia, FOR culn
banks on the Lehigh Valley Railroad were
considered by the committee to-day.
George Z. Kirkpatrick, superintendent o.
the Girard estate. read from his files letters
showing that Judge Archibald and three
partners applied TO James Archibald. jr..
engineer Of the estate at Pottsvlle, Penn,
to lease the culm banks OF the Girard
mines being operated by the Lehigh Val
ley Coal Company. James Archibald, jr.,
is a nephew OF the Commerce Court judge.
In addition to letters from the judge
the witness described his personal applica-
ton for the lease. The bank was not
leased
when you received this application from
Judge Archibald did you think there was
anythink improper In II " asked Represen-
tative ling.
1T diu occur TO me that IL was improper
for a Judge on the bench TO engage in
mercantile business" answered Mr. Kirk
patrick.
Did It occur TO you that the judge Nigh,
have been favored by the railway COMPANY
because Of his position on the bench, and
did that influence you TO decline his propo-
sition?" asked Mr.. Sterling.
1T occurred 10 me, but did not influence
me-" said the witness.
James Archibald. jr., corroborsted the tes-l
timony OF Mr.. kirkpatrick. In his coTie
spondence with his nephew, Judge Arch
bald, discussing his experience on the
Commerce Court bench, said he was goins
back 10 Washington "unless the hotheadS
put the court out of business"