The Washington times., 1905-02-03

part of the Santa Fe Company an in.
tent to charge the Colorado Fuel and
Iron Company less for the transporta-
ton of its cosf than the published rate
it is evident that this method OF billing
would afford q ready means for coa-
cealing the transaction
e.In point of fact. during the entire
period covered by this investigation, the
Santa Fe Company did transport coal
for the Colorado Fuel and iron Company
for less than its open tariff rates. and
these concessions amounted IN many
cases to the price Of the coal itself
Record Disproves Defense.
..Third-Some suggestion has been
made that payments to the Colorado
Fuel ana Iron Company by the Santa Fe
were not in the nature OF rebates. but
simply payment for the price of It's coals
that the published tariffs in reality in
eludcd the cost Of the coal but inad-
vertently omitted to state that fact.
This record concIusively shows the
contrary.
! In the first place. the tariff filed with
the Interstate Commerce Commission
was issued by the same person from the
same office. and frequently at about the
same time with the circular intended for
the use of employees only.
THE published tariff stated the rate
| in dollars and cents per ton OF 1850
| pounds, and made no reference 10 the
price of the coal. The secret circular
/ expressly stated that the rate named in
| cluded the price of the coal.
1T is incredible that under these cir
cumstances all mention OF this fact
should have been omitted from the pub
| lie tariff and expressly inserted in the
secret tariff through any inadvertency
| or inattention.
| But what ConclusiveIy answers this
claim is the fact that the published coal
tariffs of the Santa Fe Company did not
include the price of the coal as prae-
tically interpreted by II. Other shippers
| paid the tariff rate, which was retained
in toto by the Santa Fe-
No Special Arrangement Offered.
when Mr.. Bowie was corresponding
with the officials of that railroad, en-
| deavcring to obtain a rate which would
permit him to do business in competI-
ton with the Colorado Fuel and Iron
Company no suggestion was made TO
him that his rate in fact included the
price OF his coal and tha- the railway
company would pay pack 10 MIN 9haI
amount.
1--WE know from another complaint
heard at the same time with this inyes-
tissation that other shippers from San
Antonio were compelled TO go out OF
business at tnat point because the pub
Hshed rate was advanced and collected
in full.
''Fourth-It was said that these re-
bates in favor of the Colorado Fuel ana
Iron Company worked no discrimination
for the reason that there was no other
shipper and consequently no actual pref
erenee The Santa Fe Company pub
Iished its rates and thereby said 10 the
public in general that whoever desired
to transport coal between these points
must do so upon those terms,
These rates of freight were actually
insisted upon in the case of small con-
sumers apparently. but whenever it
seemed desirable for the purpose of Sc
curing particular contract, 10 shade
the price, a special arrangement was
made between the Santa Fe and the
Colorado Fuel and Iron Company, by
which the Santa Fe agreed to transport
the coal required TO tiil that contract for
less ttlan this published rate.
''Sif.ce the greater part OF the business
OF that coal company was in the filing