The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-05-26
But Parties Were Not Ready and 1t
Was Continued to Thursday,
June 29---Much Oral Testi-
mony Will be Given Be-
fore Judge 6off.
Charge of Discrimination by West Virginia North
ern Railroad is Made by Kingwood Coal Com
pany--Just Percentage of Cars Asked for
as Well as Recovery of Losses.

The case OF Kingwood Coal company,
a corporation doing business at Howes-
vile, in Preston county, against the
West Virginia Northern Railroad com
pany, ]. H. Weaver, the Irona Coal COM
Pany and the Atlantic Coal & Coke com
pany, was called in the United States
circuit court in special session held in
: the court room at . o'clock Tuesday af-
ternoon.
The parties we're not ready for a pre-
sentation of the case to the court and
they asked that it be continued until
Thursday, June Is An order to that
effect was entered by direction Of the
court.
The trial VIII likely occupy three days,
as counsel on either side state that
lot of oral testiomny will be offered,
besides the argument, which will be
lengthy. 1t was agreed that jury
should be dispensed with and that the
entire disposition of the controversy be
left to Judge Gof As trial judge.
The plaintiff, in its bill, alleges that
the railroad company, defendant, under
the interstate commerce act, is a com
mon carrier and therefore comes under
the supervision of an act passed by
congress to regulate commerce. It is
averred that ]. H. Weaver is the presi-
dent OF the railroad company; also that
he IS an officer and large stockholder in
the defendant coal companies, He Is ac-
eused, as well as other officers and stock
holders of the company. Of using undue
and unreasonable preference for the de-
fendant coal companies as against the
plaintiff coal company.
The bill relates that the Kingwood
Coal company began the coal mining bus
mess ut HowesvilIe on the West Virginia
Northern railroad November l. 1900, and
that that railroad is the only available
outlet. It is advanced that the president
Of the railroad company, j. Il. Weaver,
induced and persuaded the Kinswood
company to open up mines, giving 1t as
suranccs that shipping facilities would
be furnished BY the West Virginia
Northern; that there were assurances
from Weaver and the railroad company
that during periods Of scarcity Of ears
there should be no discrimination in their
distribution.
The bill declares that since November
the splaintffF has made repeated de.
mands for ears to ship coal to Whining
ton. Del, Philadelphia and New York.
without avail 10 the extent 10 which ii
was entitled; that the Iroua Coal COM
many and the Atlantic Coal & Coke COM
pany received from that time on more
than their just proportion of the cars
The declaration Is made that Feb.
ruary "a last written request was made
of 4. NJ. Lane, the superintendent OF
the railroad, for ears for $50 tons daily
and that he replied that the company
would be furnished cars according to the
ability OF the railroad.
Losses Of the plaintiff for lack of cars
are given at $l5,75T.GO from November
TO December 81, 1902; $2,G7O.oS, for
January, and S35G475 for February last,
The object Of the suit is to compel
the railroad company to give the plain
tiff 80 I-3 per cent Of the cars brought
into that mining section. IN attempt
is also made to recover damages for the
alleged discrimination.