Show MIXED DECISION nv MI f m r m wr 9 m IN III SHARP CASE I Judge Marshall Sustains One Demurrer and Overrules the Other COMMERCE ACT TOO VAGUE BUT RAILROADS MUST ANSWER TO CONSPIRACY CHARGE In the court Monday morning I Judge Marshall handed down c on a verbal erha decision In Jn the demurrers to the indict indictment indictment ment found against the Union Pacific Coal COOl company com pan and others at the last sit fit fitting ting thug of the grand jury Jun The Th indictment I Iwas was found on two to counts lount Tho court over oer overruled overruled ruled the demurrer to the first count and sustained the thc demurrer to tho the second count The m mt is I against the Pacific Coal company com pan the I union nion Pacific j Railroad company com Pan the Oregon Short Line James 31 M 1 Moore manager of the Union Pacific Coal company ompa and K E l Bucking ham division superintendent for the railroads r On the thc first firt count the hue th indictment charges charge criminal conspiracy under tinder sec tion IO of the revised statutes of the thie th lj States committing an offense nse against the United States in subjecting E David aid J Sharp a dealer In and shipper r of or 0 coal eoal from the state or of Wyoming to i bait Salt Lake Lak to undue prejudice and anti die dis disadvantage dl i advantage i Invokes I Another Statute The cout court overruled d demurrer to this th count holding that while the facts stated did not constitute an offense under tho the interstate Inter tate commerce laws the facts nets stat stated stated Stated ed did constitute an offense under ulI er the thlIn law In prohibiting unlawful combination In Inthe Inthe inthe the restraint ref of trade known as the anti antitrust antitrust trust law and that an Indictment was wis sufficient f and T section action T Ill If it tho the facts showed any an offense against the laws of or orthe the United States The second count of the th Indictment charges an offense under sf section cllon 3 of the interstate nt commerce comm act a t Th The court held that section 3 was n too Indefinite and un urn uncertain certain In not lf Ing what nets acts amounted to Ia an offense for tM this reason r the court sustained f the demurrer to the second count The Tue result of the dr fion I is that the defendants will te to held for trial under the first of the Indictment being the tue conspiracy charge The trial triaI will 11 be beto beto beto to determine as to whether there was nan an unlawful combination In restraint of trade in putting Sharp out of business Alleged Intimidation I The Tb indictment grew out of ot an alleged intimidation on the part of the coal coat com corn company compan pany pan to prevent prent Sharp from selling coal to ins ills customers Cu at reduced rates during the summer month months Sharp in the summer of announced d to the trade that ho would during the I quiet season sell coal Oal for 01 winter use at reduced rates He lie was informed It Is Ix alleged all ge that If It he h sold old coal at reduced d drate rates rate the tile coal oal company would to t i furnish him any an more mor coal co Sharp re refused refused refused fused to obey the till instructions received I from that source with the result that ho lie was forced out of ot business In Jn the decision of the court yesterday the defendants consider that they thc won a victory on the tbt ground round I that they thc nerd iverd not held guilty of violating the Interstate commerce law and that the other charges S they the will have hae to face in the thc trial are arc much mu ll easier casler to defend I REAL HEAL ESTATE TRANSFERS Utah Savings Trust Co to J 3 J 1 Whitaker r part of lot 3 block 29 9 plat D DT 1 T Mitchell Toll Toil et al executor to toW toW W lv Pierce Blake Blakely trustee lots lols 3 I 4 etc block 1 J Poplar Grove Gro 1 Utah Commercial Savings bank to George Q Morris lots hots 1 and 2 block 1 plat J 1 Q Morris to Joel Nibley lots 1 and 5 2 block 1 pat plat J 45 4 lone Dewey Bradley et al to Pat Patrick rick Kelly Kelt part of ot lot 4 block bl ck 28 So plat platE E Henry W Y Lawrence to Caroline L Nielson lots 12 I and 13 block 9 Main Jain street str t subdivision 5 Charles F Adams to Ephraim Caf Cat fail raU lot 13 block 30 plat platA A Blanche T Emms to Charles Clark lots Jots 27 n etc block 1 I Hamptons subdivision ISOO Caroline Caine to Francis E Vat Wat Watson Vatson at son part pr of at lot S 8 block 17 plat B aO Maria Rogers to B D M Invest Investment ment meat company part of ot lot Jot 3 block 2 subdivision J T 1 M N I to Joseph W V Mellen part of ot tot lot 11 II block 4 plat J S TOO 70 OJ Sarah Ann Saxton to Charles Leo Lee Leeland Lt Leoland e eland land In section 2 township 1 south range 1 cast 1 |