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

the coal mines located on and shipping
coal over its line, in the same relative
and impartial way, so as to show no IA.
voritism to either one OF them; thereby
exercising the power and discretion con,
tided 10 it, 50 as not to act in manner
the result OF which would necessarily
build up one at the expense of the others,
or advance the interest of two to the
detriment of the third. 1t is quite evi.
dent that railroad companies can, by
the improper distribution OF cars among
competing coal companies, build up some
Of them and make them prosper, while at
the same time it tears down and even.
tually destroys others. Hence, the wise
provision of the law that no fayoritism
shall be shown, and that no unjust dis
elimination will be permitted.
"Ihe relator insists that on May lst,
1903, it was Disseminated against by the
West Virginia Northern Railroad CON.
pany-that it should then have received
at least thirty. three and one.third per
cent, Of the tonnage of the cars furnish,
ed to said company by the Baltimore &
Ohio Railroad company, when in fact it
received much less than that allotment
The other two mentioned mines receiving
at the same time much more than their
Just and equitable share. We are now
10 deal with conditions us they existed
on and subsequent to that date consider.
ing previous incidents only as they may
tend TO elucidalc matters as they, in
fact, were when the petition was filed.
1T is quite clear that the output OF
! coal mine is largely controlled by the
number Of railroad cars available fol
ll-c in sending its coal to market. Pru.
lent and economical management re
Iuircs that no more coal be mined at any
time than can be promptly sent to mar.
kct, and hence it follows that the alb
,cacc Of sufficient number of railroad
mrs in which to transport its output re.
moves the incentive that otherwise would
exist to increase the production Of Il
mine.
4 find that at the time this suit was
instituted, the cars distributed by the
West Virginia Northern Railroad com.
pany were apportioncd on basis yir.
tuaIly as follows, viz To the Kingwood
Coal company, II per cent; to the At
lantic Coal & Coke company, 81 per cent;
ana 10 the Irona Coal company sc per
cent. This allotment was founded on
n rating Of the capacity for output per
day Of the mines as follows, viz; 400
tons 10 the Kingwood Coal company; GOO
tons to the Atlantic Coal & Coke com
pany, and $50 tons to the lrona Coal
company
WAS this method Of distribution a
proper one? Did it produce that just and
equitable result contemplated by the
statute applicable thereto? Was it free
from unfair discrimination and was it
at least approximately correct?
"rhc agreed method of car distribution
TINT had existed down to and for tina
subsequent TO the first shipment of coal
from the mines Of the Atlantic Coal and
Coke company-thc mine last opened for
busincss-was no longer in force when,
at the instance OF the reEltor, this pro.
ceeding was commenced, but at that time
the officials of the West Virginia North
crn Railroad company, for reasons of
their own, arbitrarily determined the
method of distribution, and made the al
lotmcnts Hereunder, and it is such nc.
ton on the part OF that company that
this court, in deciding the issues herein
joined, is required to pass upon.
q am of the opinion that in reaching
proper basis for the distribution Of
railroad cars, it is necessary that an i'm.
partial and intelligent study of the ca
pacity of the different mines be made by
competent and disintcrested experts
whose duty it should be TO carefully ex-
anime into the different elements that
are essentially factors in the finding of
the daily output of the respective mines
which are to share in the allotment