The Montgomery advertiser., 1903-04-23
CASE OF COAL ROADS
COMES BEFORE THE 0oMNEBCE
 COMMISSION
Attorneys for the Carriers Decline to Produce the Contracts De- mandcd- Court Must Decide
 the Point Raised.

<. z New York. April 22.-Hearing on the complaints of William R. Hearst against the Pennsylvania and other railroads wa1 continued today before the Interstats Commerce Commission. Counssl for tho complainant continued his argument.
 Mr. Shearn, counsel for the complain ant called for all the contracts entered into between the Lehigh Valley road and the Lehigh Valley Coal Company, explain ing that he expects to prove by them the dtnerence between the actual price of carriage charged by that company and the published schedule price charged to the independent companies. He said the con tracts will show that the LehiEh Valley Coal Company is to receive for all its coal 6 per cent of the price realized by the coal at tidewater.
 Judge Campbell of the Reading and MT. Kerr of the Ontario and Western protest ed that no such conditions obtained
 MT. Shearn said the contracts would show the creation of monopoly that the coal companies have no power over the output of the mines because they can only get rid of the quantity the railroads are willing to take from them.
 Where do the complaints come from?" interrupted Judge Campbell. From the independent companies?"
 No. from the owners of the palaces about Central Park, the crowded tene- ment and the business buildings in the lower part of the city. Yet if the price ot coal Is reduced will your rents be re- duced. Not a bit of it. Cheaper coal is the hysterical demand of your newspaper. not of the thinking public. We will show the people of New York the facts. We will show this commission that for more kAT Auk~ AA AAak. Ia of New York have wrung the bowels of the coal regions of Pennsylvania, practi- cally getting their coal for nothing and whine like pack of whipped dogs when a docent remunerative price is asked by the miners. Here is where the surplus comes and here the coal Is cheaper than anywhere else. You pay less than pay In Philadelphia. You don't pay enough and I am going to appeal to the commits sion to order the rates on coal to tide water advanced
 We appreciate very much" MT. Shearn replied, "the courteous words Of the representative of the divinely ordained agent of God in the coal region. The people of New York City, of Albany. of Buffalo, and of Boston will be grateful for the comparison with whipped dogs because they objected to being robbed" b even the wide limits we propose to al- low" put in Chairman Knapp, of the commission.
 Mir. Cowan of the Lehigh Valley then made 8 long argument against the re- quest to produce the contracts called for. Mir. Shearn asked the commission to or der the production of the contracts.
 MT. cowan denied the existence of any such contracts as MT. Shearn described.
 While the commissioners were consid- ering the point, the railroad lawyers, on motior of Mir. Kerr, agreed to present to them a copy of the contract in question. Mir. Kerr argued that the contract in question is a matter of bargain and sale; CT and the question of transportation the only question of which the commis- sion has authority-is not involved.
 The committee later decided that the Lehigh Valley Railroad should produce the contracts demanded Counsel re- fused.
 ". W. Ross. representing the Dela- ware, Lackawanna and Western also re- fused a similar demand. He declared that the coal was bought at the mine and that consequently the question of transportation does not enter into the contract and the commission had no JurlSdlctlon. IOunsel TOT tne Otner rali- roads declined to produce their contracts.
 The commission certified the point raised to the United States circuit court where a decision will be rendered.
 George o. Waterman, secretary of the Central Railroad Company of New Jer- sey and also of the Lehigh and Wilkes barre Coal Company, testified that there are no contracts between the companies for the transportation of coal; there are contracts for the purchase and. sale of coal. He admitted the possession of the contracts, but declined to produce them under advice of counsel.
 Three witnesses testified that it was cheaper to handle bituminous than an- thracite coal at the points of transship- ment at tidewater.
 The Commission adjourned until tomor- row.