Show RAILROADS I ARBITER ON COAL PRICE Harriman Haniman People Adm Admit They Cause Exorbitant Cost of Coal Here H re DRIVE A DEALER TO WALL WAt SA Sales Agent of Coal Compan Company I Owned O by Railroad Admit I 1 Coercing Coal Dealer De ler I II I WOULDN'T SELL HIM COAL I II I I Says He Ic Did This to Protect I i Retail Price of i Coal Coall I I Developments in the trial I of the Harriman railroads and officials in the federal court yesterday brought out outa a confession from the Harriman Harriman Harriman Harri Harri- I man people that they were I directly responsible for the exorbitant price of coal in I ISalt Salt Lake I When D. D J. J Sharp a Salt Lake coal dealer advertised i hat that he e would sell coal in I ISalt Salt alt Lake Lak for 50 cents le less s I l. l Bah l tr PI picc the th II tf n Pa lc officials cancelled aU all aULS his ris LS orders and by refusing refusing- to sell eli or deliver coal tp tc t Mr r. r Sharp harp they drove him out of business J. J M M. Moore 10 ore sales agent for or the Union Pacific company com coin pany party admitted oh on the stand that Mr Sharp was driven out of business because his actions tended to bring about competition in coal I prices He Ie further testified I that he cancelled Sharps Sharp's orders orI orders or or- I ders for coal in order to protect the retail price of coal in Salt Lake The Tho strong etron point h by the prosecution prose prose- ution on the tho Dax Id J J. J Sharp coal con- con trial before Jore Ju Judge g-e g piracy iracy ef aie C now on oh ohn hn A A. A Marshall and aviti jury In the re feti- ral al court corno yesterday e afternoon hen when Judge JuIge Marshall o overruled tho the appeal ort the part lit if f Charles CharlesS S Varlan to tolo the case from Crom the thu lie the cbs cloa- jur iry This Thin ruling en me i x point made h by Mr Ir Varian Varlin that hat no noe e dence had been Introduced showing that hat at th the Union railroad l c J I the Union Pacific company Mr l arian placed place the thc point i 1 foro Corr the Iho ourt Urt with much but was takI taka tak- tak I en n a off ore his feet teet by the tho ruling o of thu lie court ourt ci u r t. t Hot Stint Mint by hy Julge f That Is a Si question I 1 expect vc to leave to the Jury ic Jury JUI Judge Marshall Following Fallowing the ruling to which ob objections objections ob- ob w were ro taken n severally on the the- part rt of oC the Union Pacific Cial C.-al company compan and nn Its co Assistant District District District Dis Dis- Attorney McCrea made the openIng open open- ln InK Ing for lor or the thc government 10 and Parley y L I. L. L Williams II IIams for tor the defense Mr Ir Williams taking up an un hour an and a n quarter TO Today IlY Mr Varian Varlan n will wUl close chose for the defense and ami United States District Attorney Attorney At At- torney H. H J- J E Booth for or the tho prosecution The Jury will l hav hr i till the cane ease before noon Among the thc features of or the day clay w was ws s tin the well schooled ll evidence ence of or the defendants de de- IC- IC fen ants Everett relt Buckingham and J. J M. M Moor Mont and of or the other othe- witnesses for tor the defense and the attempts at of ut P P. I. I Williams tt im arra-im rn m In th the thit r to to Mr Ir statement of Cr the case casp I I For the defense Mr Ir Moore stated that In refusing to sell seli Sharp more I I coal and anil canceling his orders or ho he had acted for the furtherance of or the storage stora storage stor stor- a age e rate and anti to protect the retail price of or coal coni In n Lake City This he ho had done clone he lie said without orders or In- In Continued on in on Inge n. S en D RAILROADS ARBITER R l ON COAL PRICE Continued from rom Page One I from flom any an railroad or other cot coal I company officials During examination cross-examination by Mr Booth ho admitted that under nailer the railroad railroad rail rail- road rond circulars setting forth the reasons I and conditions of or tho thin rate rat Mr Sharp W was S ju Justified In iii giving his customers and anel tho the public the tho benefit of ot the CiO CO- cent reduction but ho denied that he ho l i had told him personally or otherwise I that ho could do so 0 Mr Buckingham said that he lie hail had hl 11 lJ been on asked by General Manager W. W II II H. I IB B Bancroft to look Into the Sharp corn com cornI i plaint that upon receiving rec the instructions tons ho hud had called up Mr Moore and I that tho the three throe had held a conference I In the time office of or J. J A A. nee Reeves s general l j I freight agent that after atter the conference confer confer- ence enco he had told Mr Sharp that ho he Sharp stood 1 in his own light and ho he could do nothing for Cor him him and that he lie was VAl sorry When asked what his hla position at that I Umu timo July 1906 1900 had been he said I Iwas 1 was fener general l superintendent of or the tho Oregon Ore Ore- gon goim Short Line Lino railway Wo general superintendent super super- of or the tho Union railroad with Jurisdiction WO west t of or Oren Green River Wyo Wo general superintendent of th the Southern Pacific railroad from O Ogden to lO Sparks Nov o. o and general superintendent of oC tho the Nevada c California railroad from to Keeler J. J M. M Moore said Mid he lie was the thc Western general sales n agent nt of ot the Union Coal ConI company that lm he t that tho the Union know knew in a general way 18 nt Pacific railroad owned his 1118 hl company that on of ot tho Western Fuel company Martin MarUn Coal company compan the Central Coal and Coke company and other Salt Lake Lako coat coal dealers ho lie had gone to D. D J. J Sharp and said that he ho heI must take tako the advertisement ud of 01 tho the cent CO reduction reduction out out of or tho Salt alt Lake I papers because It Il brought ht about competition competition com corn petition In coal prices Also that ho himself believing that Sharps Sharp's methods were detrimental to the storage rate rolo had cancelled Sharps Sharp's orders following Sharps Sharp's refusal to take out tho the adver cr Edward n. n Williams chief clerk forthe for tor forthe the Oregon Short Line said that his hIp records did not show that any coal shipments had been diverted d from rein the company compan On this point W. W J If It C. C Bancroft was sm-as again called caned Ho said eald that he lie knew of ot tho the ownership by tho Union tuba Pacific Railroad company compan of ot the Union Pacific Coal company but that neither tho the officers of ot the tho Union Pacific railroad or the time Or Oregon Gon Short Line Lino exercised an any dominion over o the coal coni company that alt all coal purchased d dby by the railroads from tho tIme coal com com- J pan ny were ero paid 1 for tor and una that If It any oi ot of Sharps Sharp's coal cont had been n diverted that too hail had been paid for tho the same as ns the time coal of ot oth other r dealers Opening for tor the tho prosecution Assistant Assist ant District Attorney Horney McCrea Q preceded his statement of 01 tho case Cas Casto to tho jury IJ by quoting the n act t of or congress tinder which th the Indictment had b been en drawn tin nn act providing n against restraint of or trade trado and unlawful combinations to stifle competition lIe He quoted tho the old agO adage that competition la is time the life of or trade and then made mado a n cl clear r and concise review lo of ot tho the evidence c placed I before the Jur jury lie IIo 10 paid vald particular to Sharps Sharp's actions In offering coal to customers I at tho the reduction admitted b by even eYOn tho the witnesses for tor the tho defense to bo according according ac ac- ac- ac cording to the letter and spirit of or tho the circulars themselves lie IIo rate storage fit told talc of ot Sharps Sharp's going direct to time the I Short Line rine officers with a 0 complaint com cent Oregon Moores Moore's refusal to following plaint three throe that sell ell him coal a coal a course years years' dealings with the Union Pacific Coal ConI company had laId given him ground oun for tor Mr McCrea pointer pOinted out tIme the meeting In iii office Of or how Mr 11 Buckingham Buck Duck admitted that before he lie ingham Inham had hail o. o had hind called heard Sharps Sharp's statement ho of ot the coal company up tit Mr Mr- Il Moore not first hearing tho the statement St s. so that he lie could COUll judge 0 for tor himself on the merits of or his claim Of or how utter after tho tile conference ho had told Mr Sharp that lint ho could do nothing for tor him and 1 I could do was waft sorry that they no they no nothing for tor him hint Price Reduction Trouble I lie IIo pointed out that the trouble started when Sharp ma made o tho cut out from nuo 25 to 4 a n. ton a a. cut mado made on good business policy polle to aid hl his customers cus cus- cusI other patronage patronage- and to get Then followed th the tho concert concerted 1 action nellon of tho the coal conI and railroad d officials to made to keep Sharps Sharp's coal coat supply stop the coal price In which the they all wore wm-e I up Ul naturally interested lIe IIo showed showell b by H. H 0 O. O evidence tho ho intent to drive Sharp out of ot business when Naisbitt said that after the stoppage of the time coal shipments ho had hud gone gono to Mr 11 Moore wanting to tv continue tho the business for tor himself under the Sharp at ot tho the Sharp stand with the name Sharp teams lie IIo was given ghen tlC the reply that so long as he used Sharps Sharpe name namo Sharps Sharp's place of ot business Sharps Sharp's teams he Ito could not got get one pound of ot coal from the tIme Union talon Pacific com corn any pany couns counsel l lI ParIC Parley I L Williams general involved la In latho for tor the this railroad Int Interests I tho tIme trial then rose f for r th the tint first argument mont meat for tor tho time defense Ills his talk was I directed chiefly chien by sarcastic statements state state- ments about the time mist in which my brother McCrea was waa laboring Ho lie referred to the tIme case caBO as a tempest in ina 0 a l teapot stirred 1 up by a hot headed Scotchman man who In his e excItement dra draws Int Inferences that later latr he ho thinks are arc facts A V Au cl tit ot Pence lenee In behalf of ot Everett Buckingham he said flat Look at nt the tho general benignity that characterizes the taco face of ot Mr Ir Buckingham Why his taco face Is Is like a a. benediction for peace lie He Is the tho kind lelnd of or a man who would go out of or bl his way to settle a II matter of this kind Tic Tie called 1 the attention of ot the Jurors that thal th they thay Y must be convinced that the J parties rU defendant were in a n con conspiracy to d defeat tra trade e and Hud competition competition com corn petition beyond a a. rea reasonable doubt a fact i hat t time the h evidence here In introduced 1 rod has s not riot but rather lather line has expressly ex ex- pressly lie urged the jurors jur- jur ors ori to consider tho the fact that tho the whole matter malLer hr d been brought on by bv the action of J. J M. M Moore which Moore 1 had 1 considered right but right or wron wrong It tt had been Moores Moore's work alono and not at fit the tho order or Ito ico of or tho the railroad or coal company cial District Attorney Booth and Mr Air Varian Varlan will have hal nn tin hour each ench this morning to conclude the tho nr arguments I U 1111 U OK UI I u hull II by Before Trouble Tho The attitude of or the railroads two years granting the storage Jo rate rule on coal in Is II especially interesting in connection connection con con- with with the the Sharp Sharp ca case e now be- be for fordt the federal court When the tIme mines mn announced a re u- u of or 25 c cents nl a n ton tun and the railroads rail rall- roads gi gT anted a 0 like Uke concession In Inthe Inthe inthe the rate rat to lt Hl Lak Lake It was done Ilone With the tho stipulation that it should only apply to coal shipped to Salt BaIt Lake Loko during the summer mouths and nd ro- ro in storage at the tho end nd of ot the summer i J. J A A. Reeves general enert freight agent of ot tIme the Oregon short Line said Id that reduction only to he would allow tho the olow dealers who kept the coal In iii their yards yard If It 11 the theS dealers delivered erod this tItle coal to private consumers who stored it on their premises premise the time Oregon Short I Line simply I ul i l You get et no re re- re and wo o will not allow yo yoto the tIme duclon to share consumer hor this cent 10 cent fO-cent reduction with wih S. S V. V Derrah Darah assistant ten general ral freight agent of or time tho Denver Rl RI Grande said however hOWe that the tho tion would be bo allowed by his road rou all 01 coal shipped during the tho which was in iii- at tho timo expiration Wl 1 of ur the time order whether hethel In iii rr bins ot or at al the yards of or tho the local local dealers These wore statements ore J y Mi J. Reeves Beeves pc cs nn and l Mr Jr D Derrah Derrith io- io 10 toA mapY m Republican can deal representative representative- before the lie that |