Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-11-29

DEALER, ALLEGES Thai lie
CHESAPEAKE & OHIO RAILROAD
-, COMPANY HAS BEEN DISCRIMI-
MATING AGAINST HIM IN THE
NATTER OF FREIGHT RATES ON
COAL FROM THE KANAWHA AND
NEW RIVER REGIONS-THE DAY
SPENT DISCUSSrN ING THE SORT OF
EVIDENCE TO Be ADMITTED.
washington. d. c., November 28.-
The Interstate Commerce Commits
sion to-day began an important hear
ing of oh argos filed on behalf OF c. G..
Blake, a Cincinnati coal operator, and
others, alleging discrimination in
freight rites by the Chesapeake and
other raili Dad companies from mines
in the New River and Kanawha coal
districts to Cincinnati. and also dis
elimination liz transportation facilities
in favor of the Chesapeake & Ohio.
Some discussion arose as to whether
the complainant should be allowed to
introduce testimo py bearing on alleged
determinations en- shipments of coal
and coke from pl;loes on the, road to
other points than Cincinnati. The
railroads attorneys demurred to this
and the commission directed that for
the present at least Il sa inquiry be con-
fined to the traffic set out in the scope
of the complaint A Forney Ramsey
thereupon asked the witness regarding
the rates on coal from the Kanawha
and the New River dist fcts to Cincin-
natl, given to shippers aring the past
year and previously for he purpose of
showing the alleged iScrimination
ln;x af ok
documents to prove that the company
had Disseminated against his client
in the provision of facilities for trans
portation on coal. Witness Benjamin
denied that any word had Ipssed be-
tween him and the representatives OF
the C. & o. Fuel Company regarding
rebates on shipments of coal at the
published rates. Responding to ques-
lions by the commission, he admitted
that before the present proceedings
had been instituted it was the practice
for consignees to pay full express
charges on shipments and they were
afterwards given rebates. Since the
proceedings had been instituted no re-
bates had been given.
On cross-eXamination, the witness
said the business of. the Kanawha and
New River fields was with the excep-
ton of few eollierses handled by the
Fuel Company and J. A. Renahan, rel
spectively.
The rates were reduced from the
published tariff schedules because this i
was necessary under the conditions ex-
listing. 1t was done to meet conditions
brought on by river competition and
that of rail from other 1Sstricts. The /,
schedule rate had not been changed
where the increment from the business |
was sufficient to give living wages to 4
the laborer and a profit to the pro- |
Queer.
Just before leaving the stand Com
missioner Clements asked the witness |
some questions regarding the practice |
of railroad companies OF filing With the
commission certain tariff schedules
and then falling to comply with them
and giving lower rates.
Mr.. BENJAMIN said it gas absolutely +.
essential to have an elastic rate, that p,
his company otherwise would be TN /
able to obtain business. The practices .
of his road was similar to that done
by others.
ave intend to try to comply with the (
law" said the witness, but conditions /
exist and have existed for two years /
that would compel the company to go |
out Of business if strict attention was |
paid to the tariff rates" !
Commissioner Clements suggested !
that the chief office of the tariff sched- !
uIe seemed to be to conceal the actual /
rates and confuse competitors, to
which the witness replied that it would
appear that way, but such really was
not the intent His road was as anX-
ious to get good rates as any one. Bet
ter times were looked for from day
to day. and when they came rates
would be restored.
The hearing then adjourned for the
day.