The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-02-04
The Other Side!


features of the litigation recently be- |
gun against the Hooking Valley and
Ohio Central railways in Hooking and
Crawford counties by the prosecuting
attorneys of those counties, assisted by
or at the instigation of ex-Attorney
General MOnnett and ex-Judge David
Pugh of Columbus, relates to the track
age arrangement recently put into ef-
feet by these roads with view to fscil-
itating the handling of traffic that has
been vastly increased by the past years
unprecedented business activity, not in
Ohio alone, but In all sections OF the
country. 1t Is charged that this ar
rangemeut amounts to the absorption
two thus alleged to have combined are
In effect and In fact q trust, smenable
to the antitrust laws of Ohio. The re-
suits Of an independent investigation
into this trackage arrangement, con-
Quoted with view to establishing or
refuting the charge that trust exists,
and consulting only unimpeachable and
unprejudiced evidence in the case, will
be interesting at this time, while the
allegations of the prosecution are fresh
| In the public mind.
| The question as to whether this ar
rangement amounted to trust was
gone into by Attorney General Sheets
of his own volition ana without sugges-
ton from others, long before the pres
ent suits were brought. His investiga-
tion was in the ordinary line Of his
duty snd was undertaken independent
ly. with a view only of determining the
facts. The conclusion he reached was
that no trust and no illegal combination
Iexisted, and that therefore his duty %
the highest prosecuting officer OF the
state did not require him to take fur
ther actien In the premises. This he
has stated voluntarily, over his own
signature, and without request to do &c
from the Interested parties, according
to his and their statements. At the
loutset it therefore seems rather singu-
lar that county prosecutors have under
taken prosecutions which the attorney
general of the state did not feel justi
fed in instituting, after full investiga-
tion of the subject.
No formal statement of their side o
the case will be made by the officers ol
the two roads interested prior to their
answer In court. and an Independent
If-r..elc>s ston fa xhoroRoro .aoufvo1 "a
ascertain the facts.
: 1t appears that the Aforesaid track
, age arrangement was one born of q
two-hprned dilemma which the road
In question were Obliged to take holt
of, or fail utterly to meet the increased
| demands of traffic and perform to tn
best advantage their duties and respou
liabilities ss common carriers unde
t the Law. The first alternative was b
double track one or both roads, involv
ing Q tremendous expense and the issu
, lof bonds for which the public would u
!. timstely have to pay. The secon
alternative was the trackage arrang.
!. ment now complained of. There wa
q no escape from both, for the old opel
Iating conditions were entirely made
IQuate to the new conditions that ha
arisen, including tremendous lncreas
In the output Of Ohio coal and unprt
Icedented activity In all forms of tram
portation business.
Z! The arrangement provided that load
ed coal trains from the mines alon
both roads should 60 north over th
tracks of the Hooking Valley and RI
l. turn empty cover the Ohio Contra
r Such q mutual arrangement amounte
substantisll; to the double tracking
: lone of the roads, and had nothing wha
lever TO do with rates. 1t advance
o public interests by economizing tim
II and promoting safety for both freigf
o and passenger traffic, while avoidin
1.-THE excessive outlay which would hsv
been necessitsted by the issue of bond
q necessary to build what would be sui
a Istantially q new road, II the san
ECONOMY and safety were to be Obtain
Il ed in the only other way. This va
she arrangement which Attorney Ger
q eral Sheets Investigated and found I
a be not only legal, but useful and desir'
BILE, both from the public and the CO
porations' point of view.
IL It was not new thing In the histol
!. LOT Ohio railroads, or railroads In othe
If states. 1t had precedent in this stat
b lin an arrangement that had never bee
objected TO, and cannot be on leg
a grounds, between the Erie and Bi
Four roads from Gallon to Marion, b
"a which west-bound traffic between thel
points Is sent over one line and eas
7 bound the other; and it Is matter {
common knowledge that the mutu
use of the tracks of two railroad comp
nies by each of them, when condition
point 1t as q wise proceeding o,
Affecting rates, is not only not unusu
but obviously promotive Of public II
e terests and entirely within the law.
I'd The necessity of some such arrang
~ ment with reference to the Hockin
VALLEY Land Ohio Central roads sro
b. from natural causes. Ohio mines alor
.. these roads have increased their outp1
lr more than two-fold In the past thr'
Years, and 1t became q physical IL
Ve possibility to handle the business u
a der the old conditions. There was al
large increase in other traffic, and
meet both the present arrangemel
was devised. The Hooking Valley
used for the north-bound transports
tion of full trains, because Its grad,