The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-17
TAKES IN SANTA FE.
Interstate COmmesc1 Commission
Hearing at Albuquerque.

Albuquerque, N M, Dec. 17.-Judge
Q. A Prouty of the interstate COM
merce commission partially completed
testimony in the charges of diScrinina-
ton in rates on coal and mine supplies
In favor of the Colorado Fuel & Iron
company, brought by an independent
coal mine company in New Mexico
against the Santa Fe Railroad COM
pany.
The plaintiffs sought to prove that
the railroad by a secret agreement with
the Colorado Fuel & Iron company de-
nveTed that cOmpany's coal free on
board for practically what independent
coal companies have to pay for freight,
thus shutting off all competition in New
tented itself with cross examination
intended to show that the chief COM
plainant, the Caledonian Coal company
of Gallup, n. n, produced an inferior
grade of coal TO that produced by the
Colorado Fuel & Iron company at it's
mines in southern Colorado and north
ern New Mexico.
w. B. Biddle, freight traffic manager
of the Santa Fe, was on the stand, but
the prosecution was able to secure from
him no admission of a secret agreement
with the Colorado Fuel & Iron company.
The president of the Caledonian COM
pany. Alexander Bowie, testified that
the Santa Fe delivered the coal for the
Colorado Fuel & Iron company at DEM
ing, where connection is made with the
big smelling plants of Arizona and New
l.
the rate charged the independent COM
panies for freight alone.
The examination of Mr. Biddle was
not completed. the commission desiring
TO inquire into certain tariffs and con-
tracts for which the records of the rail-
road will be required, and the hearing
was adjourned until December 20 in
Chicago, when further testimony Will
be taken.
This case had its origin in the suit
for damages in the sum of something
over $500, 900. brought some time ago by
the Caledonia Coal company of Gallup,
against the Santa Fe railroad and the
Colorado Fuel e. Iron company, in
which it was charged that the defend
ant companies conspired to fix a secret
rate on coal so as to Kill all cOmpet1-
ton by independent companies through
which the Caledonian company suffer-
ed TO the amount named in the petit
ton.
The case was once dismissed by
Judge B. S. Baker. before whom it was
brought up on a technicality, but new
suit had been prepared and filed by
Neill B. Field, attorney for the plaintiff
company
The Santa Fe is represented by
New Mexico attorney, r. E. Twitchel
of Las Vegas, who it is understood, will
be assisted in the present hearing by
Judge Waldo. one of the railroad COM
pany's general counsel. United States
Attorney W. 3. Childers appeared in
the original suit as attorney for the
ordered to withdraw by the attorney
general on the ground that since the
suit was drawn on the ground of a vio-
alton of the interstate commerce law,
the United States attorney was appear
ing against the government Mr.. Chill
derS did withdraw, but later sensational
charges were filed against him in Wash
ington, claiming that he was again act
ing in the case. This charge grew out
of the fact that Attorney r. E. Twitch-
ell of the Santa F'e drew up certain pa
pers in the case in Mr.. Childer'S office,
using for the purpose, paper bearing the
water mark of the department of JUS
tice. The affair caused widespread COM
ment at the time and in one way and
another the case has come into national
prominence, which is likely to be con-
siderably augmented within the next
few days through the attention being
paid it by the interstate commerce
commission.