New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-17
Contracts with Independents
Held Illegal; Control of
Temple iron Company
Ordered Dissolved.
wlCKERSHAM IS GRATIFlED
necisjon Heralds the Restora-
ton of Competition and the
Dissolution of the Combina-
ton, Announces the AT
torney General.

washington. Dec. 16.-The hold of
.ha coal carrying railroads upon the
ontbracite industry was further loos-
,red to-day by the Supreme Court
which handed down a decision in the
eooal trust" case ordering that the So
called 60 per cent contracts with inde-
,endent dealers be cancelled.
The court, affirming the decree of
,he lower court, also ordered the dis
solution of railroad control Of the Tenn
,,e Iron Company, by which the prin-
eipal railroads and their coal companies
we're found to have strangled prof.
Get to build a competing road into
tho anthracite fields in 1898 and by
which monopolizing schemes could be
rut into execution handily in the fut-
ure.
The court dismissed the governments
general charge Of conspiracy and vio-
latlon of the antitrust law against all
Of the railroads and dismissed with
out prejudice the charges of conspir-
scy against the minor combinations
among the coal carrying roads and
their coal companies. 1t is possible
that the Department of Justice may
bring separate suits against these
minor combinations alleged to have
been steps in the general plan of ac-
QIring control of the industry
Opens Path to Competition
The Supreme Court. however, paved
the way for the establishment of
competition and the dissolution Of the
trust by ordering the cancellation of
the 90 per cent contracts with inde-
pendent dealers, according to Attorney
General Wickersham, who expressed
the opinion tonight that the decision
"wil SO completely destroy the COM
bination which controls the price of
anthracite coal that il must result in
a distinct measure Of relief to the pub
Hc'
Mr. Wickersham believes that the
government virtually won it's suit so
far as results are concerned. although
there is an intimation in his statement
that other suits may be filed. 1t is
probable that the Department Of JUS
tice will renew its campaign against
the alleged "coal trust in the light of
the opinion handed down and perhaps
institute further suits against the sew
eral defendants not exonerated by the
decision except in that they We're not
jointly combined. The statement OF
Mr. Wickersham follows:
The decision marks the close of ten
Year enOrt TO reach through the process
Oi the courts a combination controlling
the production, shipment and marketing
Of anthracite coal. The bill was filed
siter an Investigation by the Interstate
commerce Commission. Suit was brought
IN Philadelphia in June. 1907. and was
argued in the Circuit Court in February,
1910 the court in December. 1910, holding
tnat the Temple Iron Company was an
unlawful combination and dism!ssing the
pill as 10 all other grounds of complaint
Inc supreme Court now afiirms the de-
elslon of the lower court so far as the
unlawful character Of the Temple Iron
company is concerned and also holds
mat the contracts known as the 50 per
cent contracts are unlawful and must be
terminated. IT Is believed that this de-
,ision viii so completely destroy the COM
bination which now controls the price Of
snthracite coal that 10 will result in
instinct measure of relief 10 the public.
mere were a number Of subsidiary
questions raised in the bill respecting
ceharges that different combinations which
lne defendants were alleged 10 have
formed were unlawful, but the court.
hololng that in view Of the fact that all
OF the defendants are not parties TO any
one or these combinations, but that each
OF them affects some of the defendants
ony, dismisses them out Of this suit with
out prejudice and without expressing any
opnon concerning their legality.
Justice Lurton announced the unan-
inous opinion Of the court. which, for
The purposes OF this case, consisted OF
Continued on fourth page. fifth column.