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

Judge Golf, sitting in the circuit court
of the United States here Thursday af.
ternoon at o'clock, handed down his de
cision in the mandamus suit brought
some time ago by the Kingwood Goa
company against the West Virginia
Northern Railroad company, the lrong
Coal company and the Atlantic Coal and
Coke company, askingfor an order prohib
iting the railroad company from making
discrimination in the distribution Of cars
to mines, andusking for damages for al.
legged indiscriminations. The court dc,
cided in favor Of the plaintiff, as will be
seen from the text of the opinion given
below in full, except that damages were
not allowed.
The decision is an important one, being
the first of e,sort made in cases of this
character, and will be precedent. II
will have an important bearing on mine
operations.
The opinion, as delivered by Judge
Golf, is given below:
This proceeding was instituted I'M
der the provisions of the act Of Congress
OF February 4th, 1887, amended March
2Rd, 1889, and February Sth, 1895. U. s.
Stats at Large, Vol. 81 page $40; Idcm,,
Vol. %, page $50; Idcm. Vol. 2S, page
G43.
"on the petition of the Kingwood Coal
company, duly verified, the alternative
writ was issued on the lst day Of May.
1903. The answer of respondents was
regularly rendered and filed, issued join
ed, testimony heard, and The case argued
and submitted. BY agreement Of all The
parties a jury was waived, and the qucs.
tions raised by the pcadings were sub.
mittel for the finding and Judgment Of
this eonrt Many witnesses were exam,
ined, documentary testimony offered, and
counsel has been fully heard. The court
has carefully considered and at least en-.
deavorcd to digest the evidence, and t5
proprly apply it TO the law applicable Z
the facts found.
= Tho relator is a corporation engaged
in the mining and shipping of coal in
Preston county, West Virginia, on the
line Of the West Virginia Northern Rail.
road company, one Of the respondents,
The Irona Coal company, and the Allan.
tic Coal and Coke company, also respond
ents, 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 collicrics so located and OPP.
Grated
1T is charged in the petition filed by
the relator 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
and Coke company, and the Iroua Coal
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 ears are furnished by the Balti.
more Ohio Railroad company, over the
tracks of which such coal ultimately
reaches its markets. After such cars are
delivered to the West Virginia Northern
Railroad company they are distributed
among the mines along us line under tho
superintendent of its general manager
Under the pIcadings the matter to be
detcrmind by the Judgment OF this court
is, did th West Virginia Northern Rail
road company in distributing the cars
so received by it from the Baltimore &
Ohio Railroad company, make a just al,
lotment Of them among the three mines
mentioned, or did it 50 assign them a.
to unlawfully discriminate in favor oI
two of them as against the other one?
at was and is the dirty Of the Wcst
Virginia Northern Railroad company t.
so manage its business with oil three o.