Show MUST MOST STAND TRIAL fOR CONSPIRACY Railroads Railroads' Demurrer Overruled in Case Involving D. D J. J J Sharp Freeze Freeze- Freeze Out I ANOTHER IS SUSTAINED Judge Marshall Marshal Holds Interstate Interstate Inter Inter- Inter Inter-I state Commerce Act is Not Specific fly lly B a ruling of or Judge Judge- John A. A Marshall In n the Fe Federal pral court Monday the Union Iaci Railroad company combination t ion wi III have han to lo stand trial for violation of oC ho the trust anti trust ant laws of or the United States Slates cr er r their action In forcing D D. J. J Sharp n. n 1 local coal coni dealer healer out of oC business The Tho Indictment that stands l I is against th the 10 Union Pacific Rai Railroad road company compan the Union Pacific Coal com company an the te OrEon Oregon Short hort Line company compan E. E E Buckingham general superintendent of oC the Salt Snit Lak Lake division of oC the tho roads and James ames M. M 1 t. t Moore manager of or the Coal company The Tho I first Nt count coun In the Indictment returned re- re turned I by the grand Jur Jury In the Nove-m- Nove omel o m. hei el er term charged the defendants with wih conspiracy to commit nn an n offense offence against t the le United d States h by subjecting D D. J J. J Sharp harp to undue prejudice and rage as ns a coal dealer lealer and a shipper of coal oal from Crom Wyoming to Salt Lake b by reusing re reo re- re using fining either to sell sel or transport coal for harp because he lie IH had hall advertised a 1 reduction re- re of or M 0 cents a ton on coal to L the consumer This count of oC the Indictment was as presented under section ecton SliD revised re- re is-cd is stat statutes s U U. U S S. Th The court curt overruled over r ruled t the hI demurrer r to this count the 10 defendants for Cor The Tue court sustained the demurrer on the 10 count charging n the defendants with wih violation of section 3 i of oC th the Interstate commerce aCt net holding that the Ihl section of the he law was Indefinite In that It I did not would specifically Pacifically state what acts amount mount to lo a violation of or Its provisions Unlawful Combination t iou At th the trial for Cor violation of oC the thc antirust antitrust anti ant trust rust laws of the United States tho the main controversy will vilI wi be IH wl or not there lere was an unlawful combination on he the the part ar of oC it the til lie defendants lo to force Coree Shar Sharp out Olt ill of business act If It J It can h bo he proved Nl b by th the government In the trial will wi be bc lucId bold as UI a Io unlawful I violation of the law prohibiting C In restraint restrain of ot tr trade t known as aF F. F the th trust law The court lucId held that mt the facts acts stated staled In iii the first frt count Count or of f the Indictment were sufficient to 10 charge a con conspiracy to commit the Ihl of- of prohibited hi h by the In law how w No 0 oad Victory The decision rendered yesterday b by Judge Marshall hal Is not regarded as a victor vie vic tor tory ory for lor or the thc r railroads In any n sense by bythe 11 the he government officials who have been Int In the cn case cae e The indictments and ani under tinder the two were vere wert made male separately acts els for COI h better protection to lo the public Int Interests In case cao one of should ghoul be In 1 tiecia reEl ll- ll f nv- nv v e n if 1 n- n l HarrIman cose cas c under nr r tl coal road company combine and the two wo officers of or the companies are ae t indictment nt aio aro arote e wh when n D D. J. J Sharp a loal local local lo- lo cal al c coal al denier dealer had hall h been en forced out of or business S by hy the combination when It canceled canceled can- can cled all al orders for coal and refused reused to lo Oliver deliver fuel to lo Sharp under an any condi- condi tb lons as The beginning of or the trouble with wih anti and Sharp harp was soon after the railroads offered red a reduction of oC GO CO oal companies of G a it ton on coal to be he bl held bold In storage and nd ll delivered to local dealers during the slack lack summer season The he Rio Itlo Ilo Grande Western railroad and coal companies uner un- un In- In iH er Cr Gould control allowed the dealers taking advantage of oC the thc stora storage e rates rales to the ti-ic reduction with their cu custo tors to divide re wih tH the thee e mode made by mers The only provision pro lu companies rs was that th the coal should be and the Hie V cents ent a ton re re- ht ld In storage r all coal coni that wath was wa made on bale jao was al dealers to be in storage at athe th Mown wn by the th he end of the period covered b by the r re auction The ure oregon on Short Line Lne officials how how- e cr refused to allow the hue consumers to reduction In- In benefit from front the rc any rt r the dealers lerl that no rebate would woul stored tore In be jo given ln except on coal actually few weeks that during the tl-clr tl yards tl cl the he lates were in force It I was wag specifIcally Ical cally stated latell by y officials of the Oregon I Short Line Lne that where local lealer dealers sold coal to private consumers no rebate be allowed even where the consumers consumers con con- N alo sumers somers stored the coal for COl or u use e In th winter D D. D J. J Sharp had been leen handling ecal al from Crom the Wyoming mines of or th the Union Pacific company and while th the summer storage rat rate rate- mil of 50 ttO cents a ton ion less INS l ss was In force he advertised that alike n a I like re reduction be made mathe In the retail retal price The railroad and coal compau company or officials lal called caled him to task tak tak and on hi hh refusal to keep retail prices up to tl hit trust standard they informed Mr Ir Shan Shari that all ni of ot his orders for coal eOl had beer Ice canceled an and no more fuel Cuel would be he de dc le Iv red livi-red rd to him Im Mr Ir Sharp was vas forced to go JO out of oC business I The methods u used ed b by the the railroad coal company com combination hi nation In this Instance were brought ht out In the Interstate commerce commerce- commerce commission Investigations held in Salt Sal Lake and later lJ before Co r the gran grand Jury Land Cit Cal Up The Tho land fraud cases will wi JOn come conie up In Inthe Inthe inthe the I Federal etral court this morning when th the case cale of oC Don C C. Robbins will wi be nu-guetl nu le before fore rore Judge Marshall Marshai arsha with will wih others Is charged with wih violation of see sec c- c ion ton GHO revised statutes U. U S S. S In con coui- to acquire posse possession and control contro of QC 1 lar large e tracts of coal lands hands from Cron th the government John Johni 1 M. M i 7 Kane ane ne of Chicago o awl anti John M. M 1 al Waldron ron of the legal fore force Denver and Rio Blo Grande Crande In of oC the lie Den Den- vcr nr will wili wi appear In tho the case calt with p p. S S. S Varian Varlan V tV H II 1 Dickson and ami E K B. B CrItchlow Crichlow Crich- Crich CrItch- CrItch low who will vill wi assist In iii Salt SnIt Ta Lake DIs Dis- Attorney hiram E K Booth and cal cah A Attorney Horn y Fred A. A Maynard lanard will 1 ill appear ap up- pear oear for or the go government The cases casel against the Utah Ulah Fuel PUll company com corn pany Iny will wi not be argued d in the present preset n f of oC the Indictments as Mr Ir Maynard Ia has asked permission to resubmit them to the thc grand jur Jury of or Demurrer Section Section 3 of oC the Interstate commerce act which was lucId held by Judge Marshall Marsha to lo be anti and on which the demurrer do de- he- he of or tho the ralla railroad coal company compan com corn was sustained Is a as Colow follows Section Undu i.-Undu 1 Undue Preference IUd That That It shall shah hal bo Ito unlawful for an any c common c carrier subject to the tho provisions provision of oC tills this act to make or give any ny un undue uc o or unreasonable preference or advantage t tany to tow any w particular person firm or corporation corpora corpora- lion tion locality or 01 an any I traffic In an any re respect er 01 OF to subject an any particular r person com com- corn com pany firm corporation or or locality or any ony particular description of or traffic to any undue or unreasonable prejudice or disadvantage vantage I In a al any respect W whatsoever ever er t lvery Cry F common carrier subject to the lie provisions of oC act ct shall according to tl their respective powers af afford aford ord all al rca rea se roier and equal edua facilities for Cor thu tho Interchange c of or traffic between their respective lines and imd for Cor or the receiving warding forwarding and delivering of ot passenger en er erand and property to and from Crom their several lines illiCit anti and those connecting connect therewith am and shall hal not discriminate In their rates rales and ch charges between such auch connecting lines but hut shall not be construed as S re requiring r- r re- re quiring an any such uch common carrier to give II c the use of UK its or terminal tc facilities In like business busi busl- to a another carrier engaged lkc n ness e s |