The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-10-15
Mandamns Suit of KingWood Coal Company Against
West Virginia Northern Railroad Company and
Others Decided in Favor Of the Plaintiff According
to Facts Presented to the Court.

I ~1~~>~D-o-oo~~oo~~-~uo4>~--u~-o.o.,.,.,
Among the matters to be investigated are
the following: The working places, the
number Of mine cars and their capacity,
the switch and tipple efficiency, the num-
Der and character OF the mining ma.
chimes in use, the hauling system and
the power used, the number OF miners
and other employees, the mine openings
and the miners houses. No one of these
various and essential clements can safely
be said to be absolutely controlling.
though likely the most important of
them all are the real working places, the
available points at which coal can ba
probably mined. At each true working
place certain quantity Of coal, 70 be
determined by the thickness Of the seam
and conditions peculiar to the different
coal fields, can be cXcayatcd and removed
during stated periods Of time, and so it
follows that ii other essentials are ade-
quate the daily output OF a mine can be
computed by the number of its available
working places, II the working places
in mine can provide larger quantity
of coal than the mine cars can haul or
the tipples can load. or the machines used
and the miners employed can remove
then at That mine during the time that
such conditions exist, the daily output
should be gagged by careful inycstiga.
ton of the elements so tending to re-
strict its production. But even in in
stances of this character it is essential
that comprehensive study of the true
status of the mine be made, otherwise
unjust discrimination will cnsue, with the
inevitable result of irreparablc injury to
the mine 50 treated If, for instance. II
should appear during the inspection that
the tipple had suffered an injury, or
had been entirely destroyed, the pre-.
sumption would be that it would be re
paired or replaced Immediately and for
the purpose Of car distribution The mine
should be rated as il the tipplc were in
tact, though during the temporary dis
ability its quota Of ears would neither
BE- needed nor furnished.
Again, if the inspection should dis
close the fact that the working places
would produce and the tipplcs could load,
more coal than the mine cars could haul.
still il the number Of such cars were suf-
hcient 10 move the coal required 10 loat!
the limited number Of railroad cars as
signed such mine, then the capacity Of
the mine for output should be ascertain
ed from the number and character Of tic
working places there being no other de.
Iicirncy than mine cars-for no mine
should be required to keep on hand D
greater number of mine ears than are
necessary to move the coal required 10
nj iliy,, tIn t1pnln, ,,ll.tt.l
uni, - nina 80 ,.; ~ ~
H. inoroa.ad sho,,,l s,,,l = ,,, a,s,,'". ~
larged. Indeed, The entire supply Of
Iostrorod ~ an ~ i, IN: 49," !,
ANN rosn" , sa, ,s 49, ,t,s,'' : -
H. la ,.s ,s,'''',,, = 49, 'o''"'.
M. "Si 49,. y *
Iat+ H. - CO. s's,"s - - ~ -
na;n;, a., 49, r. = 800 ~" =" po''s -
~, - y, :"'s' : ~ "pl'' ''pSe
j., = ,.t,,,,,, ~ -. ~" = VNsSeu ~
nI,aa :, ro"n IN, : - "o'Ni''s
800, H. M !, "r'"'S ~ ~
&, ~ ~ : !; - - y ~ 'ap'v
fno;,itia, ra,,t;,.l. -, ~ -" "t:."
IL 49,, !. ,%1 ~, ~ ~ VIZ 10 "
: a,aa, = i, - ,,,','. ~ 'IpI'' w
49, 49,, = ~ S ,.,.t - 80 MoiN
e H. J. go g ~, - - ''pp's'
won,d - ~ imim.,io. - otS.n ~, -, :