The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-10-15

Judge Golf, sitting in the circuit cour
of the United States here Thursday af
ternoon at O'clock, handed down his dc
cision in the mandamus suit brought
some time ago by the Kingwood Goa
company against the West Virgini.
Northern Railroad company, the Iron.
Coal company and the Atlantic Coal am
Coke company, asking for an order prohib
iting the railroad company from maxim!
discrimination in the distribution of car.
to mines and asking for damages for al
legged transformations. The court de
cidcd in favor Of the plaintiff, as will be
seen from the text of the opinion giycr
below in full, except that damages wcra
not allowed.
The decision is an important one. being
the first Of the sort made in cases Of thi,
character, and will be a precedent. Il
will have an important bearing on mine
operations.
The opinion, as delivered by Judge
Coli, is given below:
This proceeding was instituted I'm.
der the provisions Of the act of Congress.
of February 4th, 1887, amended Marcel
2nd, 1889, and February sth, 1895. u S
Stats at Large, Vol. 81, page $40; Idcm.
Vel. %, page $50; Idcm. Vol. %, PIG,
043.
"0n the petition Of the Kingwood Coal
company, duly verified, the altcrnatiy,
writ was issued on the lst day Of May
1903 The answer Of respondents wa.
regularly rendered and filed, issued join.
ed, testimony heard, and the case argued
and submitted. by agreement Of all til,
parties jury was waived, and the qucs.
tions raised by thc plcadings were sub
mitted for the finding and judgment d
this caurt. Many witnesses were exam.
ined, documentary testimony offered aud
counsel has been fully heard. The court
has carefully considered and al least en-
delyorcd to digest tic evidence, and /.
prOprly apply it TO the law applicable L
the facts found.
"rhc rclator is a corporation engaged
in the mining and shipping Of coal il
Preston county, West virginia, on til,
line Of the West Virginia Northern Rail.
ropd company, one Of the respondents
Ting lrohh Coal company, and tie Atlan,
tic Coal and Coke company, also respond.
cnts, are likewise engaged in mining and
shipping coal, their mines being located
on the line Of their correspondent, the
West Virginia Northern Railroad com,
pany, the three mines mentioned being
the only collierics 50 located and op.
Grated.
1T is charged in the petition filed by
the relntor that the respondent railroad
company, in the transportation Of the
coal mined at said mines, and entering
into and becoming part of the interstate
commerce of the country, has been, and
was when the petition was filed, dis.
eliminating in favor of the Atlantic Coal
ana Coke company, and the Troua Goa
company, and against the Kingwood Coal
company.
1T appears that the West Virginia
Northern Railroad company is not the
owner of any of the cars used on its line
for the transportation OF coal, but that
all such cars are furnished by the Balti.
more 4 Ohio Railroad company, over The
tracks of which such coal ultimately
reaches its markets. Aftcr such cars are
delivered to the West Virginia Northern
Railroad company they are distributed
among the mines along It's line under the
superintendent of its general manager
Under The plcrdings the matter to be
dctcrmind by the judgment Of this court
is, did tn West Virginia Northern Rail
road company in distributing the car.
so received by it from the Baltimore &
Ohio Railroad company, make a just al
lotment Of them among the three mine,
mentioned, or did it so assign them a.
( to unhwfully discriminate in favor o
two of them as against the other one2
at was and is the dirty of the Yves
Virginia Northern Railroad company t,
so manage its business with oil three o