ground of ill health, to respond to subpenas duces tecum issued by the Commission. Thereupon the Commission applied to and obtained from the United States Court for the Southern District of New York, on January 29, 1936, orders compelling these witnesses to appear before the Commission's trial examiner on February 5, 1936, to testify and produce the desired documents. The witnesses, on February 4, obtained a stay until February 14, to enable them to undergo medical examination. On February 7, on motion of Commission counsel, the stay was modified, and the court ordered the witnesses to submit themselves to a committee of doctors for examination between February 14 and 21. The report of the doctors was filed February 24, pronouncing the witnesses able to testify. A further motion by the Commission was granted March 3, and the court compelled the witnesses to testify on March 18 before the trial examiner. This proceeding was still pending at the close of the year. Walker's New River Mining Co., Elkins, W. Va.-The Commission filed with the Fourth Circuit (Richmond), April 20, 1935, an application for enforcement of its order to cease and desist in this case, also a printed transcript of the record, and brief. According to the Commission's findings of fact, the term "New River" is applied to a coal field or district in West Virginia within the counties of Fayette, Raleigh, and Greenbrier, near the New River, and numerous operators produce from mines in this field, coal of a distinctly high grade, which they have advertised and sold for many years as "New River" coal. Because of its reputation, the name "New River" has become an asset of great value to the operators in this field. The respondent company extracts coal from the Cheat Mountain coal field, in Randolph County, W. Va., but according to findings, sells it in interstate commerce as "New River" coal. The Commission's order was to stop this practice. The respondent's answer to the application for enforcement was filed May 20, 1935, and its brief on June 11. The case was argued at Asheville, N. C., June 13, and the court, October 8, 1935, unanimously affirmed the Commission's order (79 F. (2d) 457). In the course of its opinion, it said: That the brand "New River" coal has acquired a particular significance in the coal trade, both to the dealer and the consumer, cannot be doubted; that this result has been brought about, as found by the Commission, by the expenditure of large sums of money by the coal operators in the New River field (geographically) is undisputed. This being true, these operators have acquired something of value and are entitled to be protected in the use of it. That the use of these words is of value is shown not only by the testimony, but is to be presumed from the fact that the respondent has shown itself so anxious to use and continue to use the words "New River" in its business without having in any way contributed to the efforts which gave the words their peculiar value in the coal trade. That such a course on the part of the respondent constitutes an unfair method of competition is plain. The order of the Commission was fully warranted by the facts and the law; was made by an experienced body created by Congress for the purpose of deciding questions of this character and the order to cease and desist is affirmed. TABLES SUMMARIZING LEGAL WORK OF THE COMMISSION AND COURT PROCEEDINGS, 1915–36 TABLE 3.-Applications for complaints Pending beginning of year. To complaints.. Settled by stipulations to cease and desist-C. T. E. Settled by stipulations to cease and desist-S. B. I.. Settled by acceptance of T. P. C. rules Dismissed for lack of merit.. Total for disposition.. To complaints... Settled by stipulations to cease Settled by acceptance of T. P. Dismissed for lack of merit. Total disposition during Pending end of year.. 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 112 134 153 332 535 0 104 130 188 280 389 554 467 458 572 565 0 090 5 030 6 040 0 1 This classification includes such reasons as death, business or practices discontinued, private controversy, controlling court decisions, etc. 2 C. T. E. designates stipulations concerning general unfair practices negotiated for the Commission by its chief trial examiner. S. B. I. means stipulations handled by the special board of investigation in cases of false and misleading advertising. T. P. C. indicates trade practice conference. 1 This classification includes such reasons as death, business or practices discontinued, private controversy, controlling court dceisions, etc. Total for disposition...... 1 This classification includes such reasons as death, business or practices discontinued, private controversy, controlling court decisions, etc. It This table lists a cumulative total of 87 decisions against the Commission in the United States Circuit Courts of Appeals. However, the Grand Rapids furniture (veneer) group (with 25 different docket numbers) is in reality 1 case, with 25 different subdivisions. was tried, briefed, and argued as 1 case, and was so decided by the court of appeals. The same holds true of the curb-pump group (with 12 different subdivisions), the Royal Milling Co. group (with 6 different subdivisions), and the White Pine cases (12 subdivisions). In reality, therefore, these 55 docket numbers mean but 4 cases; and, if cases and not docket numbers are counted, the total of adverse decisions would be 36. |