New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-23
TILT At COAL ROAD HEARING
THOMAS C. SHEARMAN AND MR. DUN
MING HAVE A WAR OF WORDS.

MING HAVE WAR OF WORDS.
The State Railroad Commissioners resumed yes
terday in the Fifth Avenue Hotel the hearing
the application OF the Delaware Valley and Kings
ten Railway Company for permission construct
a railroad along the OF the old Delaware and
HUDSON Canal from Lackawaxen tide at
Kingston
Counsel the opposition announced that they
would complete their side of the case by noon to-
day. Expert testimony on the railroad law Of
Pennsylvania. It applies TO the Pennsylvania
terminal OF the proposed line. is 10 be taken by
commission.
Frank H Platt and Herbert Kinney acted as
tpolesnen yesterday for the associated counsel in
opposition, and John A. Carver. with Thomas G.
Sherman. represented the Delaware Valley and
Kingston people.
benjamin F. Hanfeld shipping agent of the New
York. Ontario and Western, in charge of the coal
per Weehawken, the first witness. He tes
titled 10 the conditions of river traffic between
Cornwall and Weehawken, and submitted a table
OF figures TO show that the river closed by ice
10 coal barge traffic about seventy-fve days year
Charles W. Buchholtz. chief engineer of the Erie
system since 1884 testified that for only "a per
of the distance between Lackawaxen and Rondout
die the proposed road occupy the canal bed. He
judged that the existence OF the canal would add
10 the cost Of the construction of the road.
Replying to questions from counsel Mr. Buch-
hotz said the Erie road had ample facilities for
handling all the coal produced by the anthracite
region, and that if the production were increased
100000 100000 tons annually the Erie
ready and able TO increase its facilities II had
pended, he said, S5.CG0. 5000 mile in improve
nents the branch road between Hawley and
LackaWaXen in the last year The machinery
tracks and land operated Weehawken by the
Erie for the coal trade. Mr.. Buchholtz estimated,
cost more than s1.O0000o.
MR. PLATTS CONTENTION UPHELD.
Counsel argued for some time over the admission
OF this class of testimony. Mr. Patt argued that
he entitled show what interests were threat
erod by the road and that it was part of the
province of Inc Commissioners forbid the build
ing Of one road the expense Of an existing road
The Commissioners agreed with him
Edward Garfield. chief engineer of the New-York
Ontario and Western told OF the preliminary work
for the construction of the Kingston and Rondout
Valley road which the opposition contends will
serve all demands for coal traffic in the terri
tory formerly served by the canal
After recess Mr.. Plat offered in evidence the
complaint and answer in the suit brought against
the Erie road in the White County (Penno Court
Of Pleas by the Erie and Wyoming Valley road
The argument was before Judge Purdy, who de-
cided that statute giving railroad the right
extend parallel Its own tracks OLD not Apply
in that instance
NJ. Shea rman. commenting on the decision. said
that Judge Purdy had gone long way around to
decide a question that had not been presented TO
him. Then he read TO the Commissioners decisions
of other judges variance with the announcement
CT Judge Purdy
NJ Cumming. first vice-president of the Erie
road. took the stand the lawyers had
finished their argument. He called 10 show
the railroad facilities provided for the anthracite
coal region. He gave list of ten railroads enter
ing the coal fields and enumerated their terminals,
mileage and access TO tideHater.
Replying to questions Mir. Cumming said he could
not tell what if any dividend the coal roads were
making The Erie road. he said had never paid a
dividend Mr. Carver objected that the line of
oresl ionine was irrelevant and puerile and the
trr,~uea fGEif.f e
None of The railroads he had referred TO, the wit
ntss. said. were taxed their capacity to carry
Ihs product Of the coal REGIONS MI Cumming de-
binaton to restrict the output OF coal The witness
varia nonpany would be very disastrous if not
destructive, TO the Erie Railroad
COUNSEL DO SOME sQUABBLING.
When MI Carver began examine Mr.. Cumming
the effect prices TO the consumer if the
output OF coal were increased the counsel behind
Mr.. P,att began 20 laugh and Mr.. Sherman pro-
tested against their disrespeci
sVtyer here and the superior, think, in his know
ledge CT the way to behave himself Only the other
o one 1f Who TenTsenis the Port Jervis
and Monticello road took up the challenge at once
You have no right he said. TO reprove us over
the heads of the Commissioners. They are compe-
4 suppose from your attitude" replied Mr.. Shear
man. that il was you who used the offensive
4 dare you to say So shouted Mr.. Dunning.
Il suppose So replied Mr.. Sherman.
answered Mr. Dunning. where / reply
should like and as your words deserve.
Colonel Cole called for silence
The Commissioner have been altogether TOO Ie-
rulity. We have been more lax with you gentle
here than we have ever been in the strictly
bucolie districts. where the counsel are not sup
posed TO know a well you do how TO conduct
themselves"
Now that have all been spanked said MT
Plat ''let be good and go TO work on this case
Mr. Carver summed up the statement made by
Mr. Fuller of the Individual Coal Operators Asso-
cation some days ago that an increased output or
coal would reduce the price of coal TO the consumer
md permit the miners to work full time and asked
Mr. Cumming what would be the result OF an IN
cresse OF 1000 600 tons of anthracite coal annually
NJ Cumming said he could not tell. When asked
~ his road was in any combination 10 restrict the
output of coal he replied tina: the Erie was always
rsady 10 carry all freight offered so long as the
rates were remuneratiVe.
NJ Carver complained that the witness was fenc-
ing with him but ruling in his favor by the Com
ufssionere did not induce the witness TO give any
more definite answer
The case will be continued to-day