Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-02-03
THE SANTA FE
ARRA|CNED
The Interstate Commerce Com.
mission Charges 1t With
lnfractions of the Law.
RATE DISCRIMINATION
Findings in the Suit Brought Recently
by the Caledonisn Coal Com.
pany Of Gallup.

| ~ dsIluSlOn, rep. 5.-'tlaSrant, viii
ful and continuous violations" of the
law during the last five years, is the
way in which the Atchison, Topeka
& Santa Fe Railway is arraigned in
the decision promulgated today by the
Interstate Commerce Commission on
alleged unlawful rates and practices, -
OF that road in the transportation of
coal and mine supplies, involving also
the Colorado Fuel and Iron Company
| The main points of the decision sum-
marlzlng the way in which it is al
legged the law has been violated and
dlsregarded are as follows:
The act to regulate commerce re-
quires carriers to publish and adhere
TO their tariff. The Atchison, Tope-
ka & Santa Fe Railway has for the
last five years wilfully and continu-
ously violated the provision of the law
in the respects above stated. On
February 10Th, 1902, the Elkins bill
,Nas enacted providing that carriers
SHOULD in no case transport traffic un-
liz tariff has been published and
providing a penalty of not less than
$1,000 nor more than $4,000 for each
offense of the provisions of this stat
ute, this to extend both to the railroad
company which grants, and the party
which receives concessions. Both the
Santa Fe and the Colorado Fuel and
Iron Company Systematically and con-
tinuously violated the provisions of
this act 1t would seem that the Ell
Paso & Southwestern Railroad was al
SO in violation of the same statute,
but that this company was not party
to the proceedings and had not been
heard. 1t should be further observed
that on March 25th, 1902, the United
States Circuit Court, in suit begun
at the instance and request of the In
terstate Commerce Commission en-
Joined the Atchison, Topeka & Santa
II RGilway Company to observe in all
respects it's published schedules of
rates. That company from the date of
9th, 1904, was apparently in contin-
uous disregard of that order of the
court in it's failure to maintain these
coal tariffs"
The alleged infractions of the law
were first called to the attention of
the commission by the claim of the
Caledonian Coal Company operating a
coal mine at Gallup, New Mexico, that
the Santa Fe Railway was discriminat-
ing against it in favor of the Colorado
Fuel and Iron Company. The contract
Of the Caledonian and the Santa Fe ex-
pired in 1898 or 1899, and was not re-
newed and when the fdvmer attempted
10 find a market for it's steam sizes of !
coal it is charged "it ascertained, ap-
parently, that coal both from the Trini- !
dad region and from the mines at Gal
up was being supplied at a price
which is about equal to the freight
rate alone from the point of produc-
.ion." The decision says: "No other
could do business in COM
petition with the Colorado Fuel and
iron Company in this field unless he
enjoyed the same freight rate advan-
ages; that when other individuals
to make contracts in COM
petition with the Colorado Fuel and
ron Company they were compelled to
)ay the published rate and therefore
we're unable to furnish COAL and that
lnder this arrangement the Santa Fe
Company and the Colorado Fuel and
ron Company virtually entered into
| partnership in handling of this coal,
n execution of which, the published
schedules of the Santa Fe were utter
y disregarded."