The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-12-07
u. S. WINS SECOND
ANTITRUST CASE.
Lehigh Valley Railroad Is
Violating Sherman
Law, Says Court.
MONOPOLY IS SHOWN
Dailway Gobblcd Up Anthra.
cite Coal Interests Along
It's Right Of Way.

WASI1NGTON. Dec. 6-Thc
Lehigh valley rli'roud case, the
second and last OF the great anthra
citc coal and ant. trust cases. wa
won today by the government.
The supreme court. I'm the
unanimous opinion ~ seven members
participa held tnat tho cNistlnL
combination " the railroad and ith
principal subsidiary companies was
Ia violation ot the sherman ant-trust
act, ana, reversing the lower court.
ordered the entering Of "A decree dis-
solving tho combination and rc
distributing It's stocks. bonds ana
properties 10 as to make each
component part in fact Independent
and competitive, SpocifioalS
named In the order Of dissolution
werc the Lchigh valley railroad com
pauy, the Lchigh valley coal com
pany the Lehigh valley Coal Sales
company, Coke Bros n Co, and the
Delaware, Susquchannd n SchuylHill
Railroad Co. The court dismissed
tic bin 40 far az It named tho New
YORK and Middle Coal Field Rail
road n Coal CO., the O. u. Marklo
company, the Girard Trust company.
and individual defendants, including
the late george r. Bacr. Daniel q.
Reid, Eden o.. Thomas. Lyman II.
Smih II. II. Sttesbury, George f.
Baker and other officers and dircc-
tors OF the defendant companies,
prominent In the financial and rail-
road world.
Justices McRcynolds and Brandeis
took no part In the consideration OF
the case, II was announced.
Government Sustained.
The opinion OF the court, as read
by Justice Clarke. sustained In un-
cquivocal language practically every
contention raised by the government
In its brief. II was held that the
Lehigh Valley railroad, through the
coal company OF the same namo and
other subsidiaries. monopOlizcd the
production, transportation and sale
of anthracite coal from mines located
Along It's lines. that this monopoly
was sustained through Illegal prefer
enco to the subsidiaries. and that the
organization Of the coal sales com.
pAny was In fact "A mere device to
c.rpunvtnt tho so-callcd commodity
clause OF the interstate commerce
act, which forbids n common carrier
TO transport coal in which II has any
Interest.
This history OF a,.,ost 25 years
the opinion said. aftI reviewing the
life OF the railroad from its inception.
'casts an illuminating light upon the
intent and purpose with which the
combination here assailcd was
formed and continued"
Evidence submitted by the govern
mcnt was accepted as proving tha'
the railroad controlled 1000 acres
Of anthracite lands along Its line III
the limited area OF anthracite pro
ducing territory" and that 05 pc
cent OF tho coal tonnage moved b,
the railroad In 1908 was controlled
by II.
bought Up Coal Lands.
Justice Clarke said the court con
ciuded that II was clearly cstab
llshed that prior to the cnactmen'
OF the antitrust act. the railroad
company, In combination with 10
coal company Subsidiary. deliberately
entered upon n policy OF making cx
tenaivc purchases OF anthracite land
tributary to the railroad compnny's
line for the purpose OF contro,linf
tho mining, transportation and sale'
OF coal to he obtained thcrefrom
and of preventing and supprossinE
competition. especially I'm the trans
portation and sale Of such coal II
Interstate commerce. and that TIM
policy was continued after the pas
sage OF the antitrust act with in
creasing energy and tenaClty OF pur
pose, with the result that practica
monopoly WAS attained OF the trans
pOrtation and sale OF anthracite Goa
derived from such lands"