COAL VEND CASE.

Dominion, Volume 6, Issue 1762, 29 May 1913, Page 5

COAL VEND CASE.

APPEAL TO THE PRIVY COUNCIL.

fir tTeleiri Dh—Preis Amoolatlon—OoDrrlaUt (Rec. May 28, 9.50 p.m.)

London, May 28. The Privy Council is hearing the appeal in tlio caso of the Commonwealth versus tho Adelaide Steamship Company, familiarly called tho Coal Vend Appeal. The Privy Council is not satisfied that tlio High Court was wrong on the grounds of pure law. Argument is proceeding whether the agreement was detrimental to the public intorost.

During the argument the Lord Chancellor said he had found nothing at present detrimental.

Til pro were in all 40 defendants in tho Coal Vend ease,, the number comprising both colliery and shipping companies. The penalties imposed by Mr. Justice Isaacs aggregated ,£19,500, and the lawcosts, which the defendants were ordored to pay, were estimated at over J!30,000. Thus the total bill to bo discharged ran to ,£50,000 and over. The companies were charged with having formed a trust in contravention to the law. In Mr Justice Isaacs's opinion the full amount of tho penalty was not too much for tho least of the offences proved, and, accordingly, lie imposed a fine of on each and every defendant proceeded against, except the defendant called tho Associated Northern Collieries. He excepted thiß defendant because, though inj?a sense it was a separate organisation and had appeared as such, yet in effect all its members were fined to the statutory limit, and it would be unfair, and a virtual exces3 of Parliaments intentions, to fine them again indirectly through the association.; , The companies appealed from this decision to the Higli Court, which gave judgment in September last upsetting the decision of Mr. Justice Isaacs. Tho Court was unanimously of opinion that the Crown had failed to prove intent cn the part of the members of tho Vend to cause detriment to the public, nor ; was ere any proof that detriment to the public had occurred.