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I'AKI Mil.
267
It was .-ir^iicd hy (l('tVii(|;in1 's ('(.iiiiscl in thf Supreme ('(Uirl tli.il since tlie new line of railroad had l)een effeel i\-e!y strangled it wnnid he idle to enjoin tlie doinu* (d* an act already aee( »ni|)l ished.
]•. Justice I Jirton said :
()^r)2) that is a narmw \icw (d* the r(dief which may he granted under the statute and tlie frame of this hill.
The conihination hy means of the Temple Co. still exists. It has ])een and still is an etifieient au'eney for the eolleetive aetiviti(\s of the (hdVndant eai'riers for the ])urpose of preventing competition in the trans] )ortatif>]i and sale of eoal in other States.
That under the law of Pennsylvania (^aeh of the defendant carrier companies has the power to acquire and hold the stock of coalproducing companies may be true. That the Temple Company may, mider the same law, have the power to acquire and hold the capital stock of the Simpson &: Watkins collieries may also be conceded. But if the defendant carriers did, as we have found to be the fact, combine to restrain the freedom of interstate conunerce either in the transportation or in the sale of anthracite coal in the markets of other States, and adopted as a means for that purpose the Temple Company, and, throTigh it, the control of the great Simpson & AVatkins collieries, the parts of the general scheme, however lawful considered alone, become parts of an illegal combination under the Federal statute which it is the duty of the court to dissolve, irrespective of how the legal title to the shares is held. (Han iman v»