Show GOAL COAL COMBINE OASES CASES judge hallett presides at the hearing DEMURRER AND RULING court holds the indictment good so par far us ns it charged defendants with agreeing to sell coal only to exchange members De decision cislon or of the tha lower court in ill the cop per plant case sustained ned grand jury makes its final report city jail deplorably unfit for its uses the notorious coal combine cases nelch have hare been pending in the courts since the return reburn of an air indictment against the members of the salt sail lake laho coal exchange in november 1893 1895 were called by judge moses liall Hall hallely c elt it in cite t lio bullied states district court yesterday the coterie of if gentlemen who aro charged in the indictment with having combined tomb ined in jot of 0 trade through the medium ot if tile ho so bo callei called edcha exchange nae comprises complis es R I 1 L carpenter F I 1 it moore J 11 hickman hackman daniel vol ten lit liholm liln V V morris men Is frank alahn simon Bam bamberger beiger thomas pierpont rier pont L C I 1 miller W J C S martin T it 11 ellerbeck D J sharp 11 1 P mason Ala anti AV J montgomery BASIS OF 01 TIM jiin the indictment charges generally Renei ally that the I 1 defendants combined to prevent tiny portion not a member ot of tho the ex exchange change from purchasing coal from the union or pleasant cleasant Ilea sant valley coal companies at as low a puce price as that made to fril embers of the exchange exclia nRC lit in order to destroy competition it I 1 la s men specifically charged cli arged that F 11 1 I moore of the union company refused to sell a carload of hock springs coal to T 1 lewis for less than ta 5 per ton lien members ot of the exchange were securing IL 11 tor for 37 per ton and ami that 13 L carpenter of the pleasant valley company refused to do business with M mr r lewis because he was not a member of the exchange ec hanec LEWISS SD experience mr air lewiss experience with the exchange was waa almost amusing lewis was a candidate tor for sheriff lit in the iho fall fail of oc 1801 and arter after having expended a laige amount of money in tire campaign only to find himself defeated lie he began ln ean to look about tor for some method liy ity which to recoup its ills losses after a thorough consideration of the matter lie he leached beached I 1 he that the re tall coal business promised the iho largest returns for the amount invested d abul lit in accordance dance with this conclusion hii made preparations for life alic opening of a coal yard at this point mr it lewis made a fatal error instead of 0 whether or not lie he could purchase coat coal at reasonable prices I 1 11 I 1 om am the companies that have always controlled the supply in this CRY city lie ile followed the 1110 example ot of the foolish virgin who made extensive preparations for a rabbit stew before she caught her rabbit mr lewis secured agite u site lor for its his coal yard constructed ills ilia bins and made other necessary arrangements tor for the opening of lila his yard but when it came to the all important matter malter ol of purchasing coat coal lie struck a snag one company an AH alleged in the indictment ind refuse lefus eil to bell at less than 5 per ton when members or of the exclia were ing it for arid the other oth or company refused fused it to trade with till him under any circumstances because lie was not a member of the exchange hange As clr low lewis I 1 a had no other recourse lie laid tile the matter before the grand citory jury and the member is of the exchange were indicted AND RULING when tile the cases were called bestel day bennett Een nett Ilar kness howat bradley Ur adley and williams van colt COLL sutherland ut berland counsel for the defense withdrew the plea ot of not guilty formerly entered anti and filed a demurrer to tilt the indictment the demurrer was intel interposed posed upon tire the following grounds the ilie indictment charges no offense it t sets beta out no means by which the combination was to be effected effect eil SL it states no act or facts to show that the alleged combination was lit in restraint of 0 trade the acts charged as loveit over I 1 auto acts are not shown shonn to be in pursuance 0 of any means to be employed that as substantive stan tive Elve hargea charges they are insufficient to constitute a a crime anil and that the prosecution was abated by the admal sion lon of 0 utah to statehood arguments in fit support of the tha demurrer were made by judge harkness george sutherland thorland Su and waldemar van cott colt and air ly by united states stalen attorney judd assistant attorney alagiannis Ala ginnis arid and C C uey dey it 11 it II was not until in the afternoon atts moon that judge hallett in to counsel that lie he did not desire to listen to further anti ami proceeded to rule upon the demurrer nis ills honor then hold held that the in diet ment was waa good HO fit far as it charged areol di tire the defendants with agreeing to sell coil coal only to members or of the exchange but bill sustained the iho demurrer os as to the allegation that the combination was to raise the price of coat coal to consumers consume ia the other grounds of tile the demurrer werty were all overruled and the work of if Im paneling a jury was proceeded with shortly before 6 5 ocl ok twelve jur ota oia fact been secured sec urcil that were acceptable cep table to both sides and court ad until 3 9 this morning when tho the examination of witnesses will |