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

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tile coal mines located on and shipping
coal over its line, in the same relative
and impartial way, so as to show no ia.
voFitism to either one Of them; thereby
exercising the power and discretion con
lided to it, so 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
dctrimcnt 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,
tualIy destroys Others. flencc, the wiso
provision Of the law that no favoritism
shall be shown, and that no unjust dis.
elimination will be permitted.
The relator insists that on May lst,
1908, it was Disseminated against by the
West Virginia Northern Railroad com,
pany-that it should then have received
at least thirty.t 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
to deal with conditions as they existed
on and subsequent to that date, consider.
ing previous Incidents only as they may
tend to cucid,lte 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 for
use in sending its coal 10 market. Pru-
dent and economical management re.
luircs that no more coal be mined at any
time than can be promptly sent to mar
ket, and hence it follows that the ab
.cnce Of sufficient number of railroad
'nIs in which to transport its output re-
moves the incentive that otherwise would
exist TO to.iacrcasc the production Of a
mine,
Il find that at the time this suit was
instituted, the cars distributed by the
West Virginia Northern Railroad com
pany wcrc apportioned on basis vir-
tually as follows, viz: To the Kingwood
Coal company, II per cent; 10 the At,
lantic Coal & Coke company, p per cent;
ana to the Irona Coal company SO per
cent. This allotment was founded on
a rating Of the capacity for output per
day Of the mines as follows, viz: 400
tons to the Kingwood Coal company; 600
tons to the Atlantic Coal & Coke COM
pany, and 1850 tons to the lrona Coal
company.
"Was this method OF distribution Il
proper one? Did it produce that Just and
equitable result contemplated by the
statute applicable therefor Was it free
from unfair discrimination and was it
1t least approximately correct?
"The agreed method of car distribution
TINT had existed down to and for a timG
subsequent to the first shipment of coal
from the mines of the Atlantic Coal and
Coke company-the mine last opened for
business--was no longer in force when,
at the instance of the relator, this pro.
cecding 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.
lotments Hereunder, and it is such ne,
tion 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 ears, it is necessary that an i'm.
partial and intelligent study of the ca
pacity of the different mines be made by
competent and disintercsted 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 10 share in the allotment