Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-25

The indictment Is lengthy and includes
fve counts. The first count charges re-
straint of trade, the second restraint of
commerce, the third restraint of both
trade and commerce. the fourth monOp-
| oily Of trade and commerce, and the fifth
! conspiracy to establish a monopoly of
, trade and commerce.
The charges under the Sherman law
| are far more comprehensive in scope than
those brought March II, 1920, under the
war time Lever act, and the list Of those
indicted is much longer. In the former
indictment no retailers were named, while
the names of two retail coal merchants,
both Of Indiana, appear on the present
list.
GRAND JURY AT
WORK FOR WEEKS.
After the bringing of the former in
dictment under the Lever act, Judge
Anderson, In his instructions to the pres
ent grand jury when it convened Dec. 6,
last, declared Government Investigators
had discovered further evidence in the
coal causes which the grand jury would
| consider. This part Of the investigation
by the grand Jury was conducted under
direction Of l. Ert Slack, former United
States district attorney. who was appoint
ed special United States attorney for this
particular case. For the last three weeks
the grand jury has been busy almost
continuously, when in session, with this
phase of its work.
The Sherman law carries a, penalty of
six months in jail and a fine of $1,000,
while the conspiracy charge makes it
possible for the court TO innict a two
year sentence in Federal prison and
[ $4,000 fine.
he sfnL ~
I TEN under which the operators collect
dues out o. the miners wages and turn
them over to the union came in for a
a great deal Of attention in the indict-
ment, the Government from the first hav-
ing insisted that this system was in it.
self proof of collusiOn between miners
and operators.
Twelve separate sections set forth par
ticulars in which the defendants are held
to have been guilty.
CHARGES SET OUT
IN INDICTMENT.
The indictment charges:
That the defendants miners and op-
orators and companies, did continuously.
during the period of three years prior to
the nndlug, presentation and filing Of
this Indictment, knowingly, pUrpOsely,
corruptly and with intent to do SO, en-
gage in corrupt and unlawful con
splracy among themselves and with di-
VeTs other persons ito the grand jurors
aforesaid unknown in undue unreason-
able, unlawful direct and oppressive re-
stTant of trade among the several States
Of the United States and with foreign
nations. in violation of an act of Con
( gress entitled. An act to Protect Trade
and Commerce Again Unlawful Restraints
and Monopoltes,' approved July ., 1890
which unlawful and corrupt conspiracy
was intended to involve and did involve
and was in truth and In fact, a con
spiracy to restrain said trade concern
ing the mining, production, sale, pur-
chase, distribution and transportation of
bituminous coal among the several States
which is now here described and in the
manner and by means now here set
forth:
That at various joint conferences OF
miners and operators held during the last
ten years, including the three years i'm
mediately preceding the finding, presen-
tation and filing of this indictment, it
was agreed and arranged by said miners
and operators attending and participat-
ing in said conferences that the said min
ers and operators were partners in the
mining, production and distribution OF
bituminous coal in the several States,
and that they should and would aid and
assist each other in their plans and eff
forts to increase wages, increase prices
Of coal and limit its production and dis.
trlbutton; that bituminOus coal should
not be sold at any time for a price that
did not at the time yield a profit to the
operators; that whatever increase of
wages of miners should be agreed upon
should be added to the price of coal
that competition among operators should
be eliminated by organization among
operators and such other methods and
that no coal should be sold at any time
below the cost of producing the same
that the means of increasing the cost of
production and the price of coal WAS by
closing down and keeping idle the coal
mines, by establishing uniform cost ac
counting system among the various oper-
ators, by operating an excessive number |
of mines and employing a greater num- |
ber of miners than were reasonably nee |
essary to properly and sufficiently Oper- |
ate the mines. and that these various |
methods and means should and would be |
put in effect and operation; and that |
these various agreements and arrange
ments so made and entered into by said |
operators and miners in said conferences |
were continuous from one conference TO |
another and up to the filing of this In
dictment
That one of such conferences met at
Mobile. Ala, Feb. s. 1915. and the follow
ing named defendants attended and par |
ticipated in said conference. tO-wit Will |
liam X. Field. John A. Donaldson, James /
G. Patterson. William NJ. Henderson, |
Samuel II. Robbins, Charles f. Maurer, |
Michael Gallagher, Albert A. Augustus, |
William H. HasAins, George c. Weitzell. |
Joseph Pursglov6. Phil III. Penna, Hugh |
Shirke, Jacob c. Kolsem, Edwin D. Logs |
don, David Ingle. William NJ. Zeller, Nor !
ton L. Gould, Herman c. Perry. Charles |
NJ Modwell William largest, John |
O'Leary. John Moore, Gwilyn w. Savage, |
Lee Hall, Thomas Price, John Saxton. |
Frank harrington, John L.. Lewis, Ed |
ward Stewart, William Mitch and Ed |
Haverkamp.
(b) That on or about tht fifteenth day |
of September, 1917, certain coal operators
and coal miners. including the de- |
PENDANTS named and designated in this !
indictment as having attended and par
tictpated in the conference herein men |
toned attended and participated in a
joint conference of coal operators and !
coal miners at Washington D. c., which |
conference continued until on or about |
the sixth day of October, 1917, and at
said conference agreed among other
things thaY the wages of the miners en-
ployed In /the various coal mines of the
defendants named herein should be in !
creased and advanced 10 per cent per