The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-09
RAILROAD NEWS.
Railway Age Argues for Coal
Confiscati0n.
Says Railways Have Right to
Appropriate Fuel.
EQUITIES OF THE CASE
Claims Train Operation Is of
Supreme Importance.
Manufacturing Concerns Are of
Secondary Necessity.

There always has been a general mis-
understanding on the question of the
right of a railroad to confiscate coal
which it is transporting for shippers.
It is fact that all railroads assert the
right to appropriate to their own use
any coal which they may have in their
possession. 1t is also true that a great
many shippers insist that coal which
they have bought and paid for and on
which they either have paid, or are
willing to pay, transportation charges,
shall be delivered to them. A case of
this kind has been taken to the courts
in Kansas, and it is likely that some
authoritative adjudication of the matter
will result. Commenting on this the
Railway Age says:
In the absence of any definite decisions
on the question: it may be well to inquire
into the equities of the case. 1t may
be assumed without question that the
railroads confiscate coal only as a last
resort. They contract in advance at a
stipulated price for all their needs and
always seek to have a sufficient reserve
supply on hand to provide against even
more than ordinary contingencies. The
roads in the western country use bi
luminous coal, and to pile up large
quantities of this commodity results
certainly in large wastage and possibly
III lOld1 OSSlTuCllOn PX IRE 1TOIn spun
taneous combustion or accident. Most
railroads endeavor to keep at least ten
days supply on hand, but through I'M
foreSeen, as we'll as unpreventable cir
cumstances, they not infrequently fall
much below that. Also not infrequently
the very mines on which they depend
and with which they have contracts
for supply, sell coal to other customers
in such quantities as to prevent the de-
livery of the required amount to the
railroads.
This is only natural because of the
higher price obtained, but it must be
remembered in such case that had the
contract with the railroad company
been kept. the coal, which was shipped
to the private consumer. would have
been delivered to the railroad for its
own use. Again, as already stated, the
railroad cannot cease operating its
trains. 1t is engaged in the perform
ance of a public service. and SO far as
its obligations in that respect are con-
cerned it is not q, question of profit
or loss. Passengers and mails cannot
be held because of the needs or the
prospective profits of a local industry.
The same necessity which justifies the
right of eminent domain obtains in the
conflscation of coal. It is true that.
in the exercise of this necessity, wise
discrimination should be, and usually
is, employed. Coal consigned to pub
lie utilities is never taken except as a
last resort. Gas works, waterworks.
G1eCtTlC lSulIuB pldIlIS, street TAIL
ways, hospitals. ETC., are kept sup
piled whenever possible, although the
coal for such agencies, if taken. would
cost the railroad less than that which
usually is appropriated.
On the other side of the question, the
manufacturers, especially in these days,
usually contract ahead for their output.
A great many of them, in view of the
present liability of labor troubles, quail
ify their contracts by what is known as
the strike clause They cam 1T well pro-
tect themselves against consequences
arising from a shortage of fuel, and 1t
is therefore, important that their supply
be not interfered with 1t is true that
too many of them, because of limited
storage facilities, or other causes, oper-
ate too much on the from hand to
frequently happens that when their coal
is taken they are threatened WITH If not
actually subjected to, loss.
Here. then, are the equities of the
case. On the one hand is a railroad
performing a public service compelled, |
in order to fulfill it's obligations. to
take coal. to which it has at least an
equal contract right at the mine, with
the party to whom it is consigned;
and, on the other hand. a manufac-
turer under contract for delivery of
goods. finding himself subject to dam
ages because his coal is taken by the
railroad. It would seem as if the bal
ance of Justice was with the railroads
by SO much as the Importance of the
public service exceeds that of private
obligation. and this is the ground upon
which the railroads proceed.
Realizing that there must be more or
less that is arbitrary in such a proceed
ing, the railroads make it a practice in
time of coal shortages to relieve when
ever possible all special cases of dis
tress of which they are advised, but
they insist that they cannot, and ought
not to surrender the right of conisca-
ton. To do this would be to render
possible, and even likely, the stoppage
of many trains, something which can
not be contemplated. In view of the
Importance of the question, the decision