Show COAL GOAL COMPANY IS TO io BE II TRIED Union Pacific Concern to An Answer Answer Answer Charge of Violating AntiTrust Anti Trust Law LawONE LawO LawONE ONE O JE COUNT IS SUSTAINED COUNT INVOLVING RAILROAD OFFICIALS S OVERRULED The Union Pacific Pacific Coal company will have to td answer a charge ch rge of violating the Sherman antitrust law when the case of the United States against it is brought to trial in the federal court Yesterday Judge Marshal sustained the defendants demurrer to one count but overruled it on another so that the action will come before the court on the second count of the Indictment The Union Pacific Coal company COmpan it was alleged is the first count en entered entered entered Into a general conspiracy with the Union Pacific railroad the Oregon Short Line and a number n of individuals to deprive a coal dealer D J Sharp of his right to sell coal coat at any price he wished This count charged general conspiracy and was as brought into the indictment under tinder a statute covering that phase of f interstate commerce The defendants demurrer to this count was sustained I The Tho second count In brief alleges that the Union Pacific Coal Company placed a practical boycott on Sharp by refusing to sell him coal when he had tendered the price for the reason reason that he lie had cut the rate 50 cents a aton an aIn aton ton n In this case It Is claimed that Sharp who was a prominent dealer built a great gl eat storage warehouse to handle Union Pacific coal This was in 1905 1305 When he advertised that he would sell coal for 50 cents a ton cheaper than the other dealers who were handling the tile product he was told it is claimed that he be could buy no more coal coat from the company in spite of the fact that he tendered the price asked by the company compan Extended hearings were held in this city before a member pf f the interstate commerce commission who came here for that purpose This Investigation was held neld in September 1906 On the result of the inquiry was based the indictment brought by the grand jury ju The district attorney caused c used two counts to be placed in the indictment so that in the event that one might not be acceptable to the court the theother theother theother other might and nd so it proved to be It is probable that the trial triai of the case will be fixed at the April rule I day month which is the first Monday in that |