The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-03
COAL LINES WIN FIGHT

Continued from Page One,l
strain certain of the defendants from
violating the commodities clause OF
the act to regulate commerce, which
was one of the means whereby the
domination. of the alleged com binatlon
over the anthracite trade was main
tanned
The Governments Case.
1t was charged by the government
that the companies named in the suit
were leagued together that they
controlled more than So per cent of
the unmined coal deposits; that they
were mining about 26 per cent of the
annual production and their tenants
per cent additional, and that the
railroads named were transporting
about 3 per cent of the total produo-
ton The government further main
tanned that according to the "gener-
ally accepted calculations of biologists
and mining engineers" the coal areas
controlled by the alleged combination
would outlast by many years those of
any competitor. "In time, therefore"
the government declared in the suit,
this combination if not dissolved
would own or control every ton of
commercially available anthracite
known to exist"
The government sought to break up
the alleged combination in the fol-
lowing m manner:
Reading Coal and Iron company,
Reading Railway company and the di-
rectors of these companies be adjudged
an illegal com bination under the Sher-
man antitrust act.
2-That the Reading company dis
pose of its controlling interest in the
Reading Coal and Iron Co., and the
Reading Railway Co.
3-That the Reading company dis
pose of its controlling interest in the
Jersey Central railroad because the
government alleged it was a competi-
tive road and its acquisition a viola
ton of law.
4-Fhat the Reading Coal and Iron
company be enjoined from purchasing
the coal output from so-called indie
pendent concerns because such pur-
chasing was in furtherance of monop-
OliZation.
dispose of its interest in the Sehuyl-
kill Navigation company which oper-
ateS canal from the coal regions to
Philadelphia, because the Readings
ownership constituted a restraint OF
interstate trade
6-That he Reading company re-
linquish control of the Wilmington
and Northern railroad and that the
lease of that road to the Reading rail-
way be cancelled. The Wilmington
and Northern extends from near the
coal regions to Wilmington, Del, and
the government alleged that it was a
ing company's ownership constituted a
violation of law.
Agreement Is Alleged.
THAT an agreement between the
Lehigh Coal and Navigation company,
the Jersey Central and the Lehigh and
WilkeS-Barre Coal company be can
celled, and that the lease of the
Lehigh & Susquehanna railroad by
the Lehigh Coal and Navigation COM
pany, to the Jersey Central be can
celled unless certain notifications
were made. The Lehigh Coal and
Navigation company is a large indie
pendent producing company, owning
a canal and having an interest in
several railroads including the Lehigh
& Susquehanna railroad. The Lehigh
and Wilkes-Barre Coal company, is
controlled by the Jersey Central rail-
road.
s-The disposal of the stock of the
Lehigh & Hudson River Railway COM
pany, and the Lehigh & New England
Railroad company which is held joint
ly by the Jersey Central railroad and
the Lehigh Coal and Navigation COM
pany. The Lehigh & Hudson River
railway extends from Easton, Pa,
where it connects with anthracite rail-
roads, to New York state. where it
with the New York Central
railroad and also with the New York,
New Haven & Hartford railroad form
ing a through route from the mines to
central and southern New England.
The Lehigh & New England runs di-
rectly from the coal regions into New
Y DIRK state, where it connects with the
New York Central and the New Haven
roads These two railroads use the
trackage of other roads on parts of
their routes.
9-That the Reading company be
to constitute in itself a COM
bination and monopolization in VIOLA
ton of law.
Under the commodities clause of the
act to regulate commerce, the govern
ment asked that the Reading railway.
the New Jersey Central, the Lehigh &
and the Lehigh & New
England railroads be enjoined from
coal mined or purchased
by their affiliated coal companies and
owned by these coal companies at the
time of transportation. The COM
modities clause prohibits transporta-
ton companies from carrying in inter-
state commerce any product in which
they have an interest
Argument in the case was heard last
June before Judges Burlington, Nc
Pherson and Hunt. The last named
was a MEMBER of the commerce court
and was designated to sit in the case
because of the retirement from the
bench of Judge George Grey.
Bradstreet's Report.
New York .July 3-RradStreet'S