The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-04-26
ANTI TRUST
SUIT LOST
BY READING
Railroad Must Dispose of
Stock in Coal
Companies

! WASHINGTON. Apra 20. The
federal government today won lis
antitrust suit against the Reading
I company and affiliated coal compan-
Dee IN one Of the so-callcd anthracite
, coal eases.
by vote OF four 10 three. the
supreme court sustained she govern
mcnrs charges that the companies
violated the commodities clause" Of
tho Interstate commerce act aud or
derod the dissolution OF tho com
panios.
The Reading q Central OF New
Jersey railroads. the court decided.
must dispose OF stock ownership. re-
spectiyoiy Of the Philadelphia a.
Reading Coal q Iron Company and
the Lehigh and wilkesbarro Coal
company.
opinion 10y Clarke.
Justice Clarke. rendered the de-
cision Tor the majority. while Chic;
Justice Whhs In q minority opinion
in which Associate Judge Holmes and
Nandcyantor Joined. said the minority
was ia favor Of accepting the opinion
o; the lower court.
Associate Justices McEcyuolds aud
Brnndcis did not participate in the
decision. Justice McEcynolds WIS at-
torncy general during the time tho
government prosecuted the salt.
which WIS Instituted m 1913.
Another OF the so-callcd anthracite
coal cases, that agains. the Ichigh
valley Railroad company and anil
atcd rail. coal production and sales
companies -is pending and when
Justice Clarke read his decision iu
the Reading ease today II was az first
assumed that this case also had been
decided Examination OF the written
opinion. however. disclosed that con-
fusion had been brouEh; about Ly
reference In the opinion TO the i.uhirh
a Wilkosbarrc coal company. one OF
the ovmpanies attacked in the Read
!ng ease.
Review Casc
In rendering tho majority opinion.
Justice Clarke entered into lengthy
review OF the formation Of the Read
ing holding company and It's sub
ridiarivs which, he said. without out
lay acquired under charter issued
ln 1871. but unused Tor 20 years own
rrship OF railway equipment, real ,s-
tate and other assets valued ut Sl98.-
6l3 900.
Thus" be- continued "ihis scheme
OF rcorsuuizatiou-- combined and de
liNcred into the complete control uf
the board OF directors OF the holding
company Ull OF the properly OF much
The largest single coal company OPP
Grating in the Schuylkll anthracite
coal fed aud almost one thousand
miles OF railway over which tis coal
must find It's access 10 interstate
markets This board uf directors. ub-
NiousiN. thus acquired the power; tu
increase or decrease fn, output ut
Duul from very extensive mines. the
supply uf b. iu the market. and the
cost ui DO 20 the consumer. To- increase
or lower the charge for transporting
such coal tu market. aud Geo rygulat,
var supply aud other shipping con-
Ncuicupus THIS constituted
n combination TO uuduN restrain IN.
tcrstutc commerce within the mean
ing cot the act"
"ly the opinion chief Justice
White said in tho dissenting opinion.
nov announced this aDuun of ti'v
court below. insofar us 90 directed 90
dismissal. ls reversed and virtually
th, fuil relief prayed hy tuD govern
Wcut b. therefore granted, We Ir"
unable tu concur u this conclusion
because in our opinion. u'lth'r the
conventions us tu tho sherman uyi,
nor the reliance upon the uommodir
rps CLAUSE. except fu Go, yAtCut that
iu the particulars stated thps were
sustained hy the court below, has amy
foundation tu rest upon. We do MOT
state ut uuN length tnv reasons which
iced ne tu tniH view because the youti