Arizona republican., 1905-01-15
President Ripley Explains
 the C. r. & l. Case
THE PRICE OF THE GOAL
Was Included in the Freight Rate. An Effort Being Made to Compel Ar izOna Courts to Take Jurisdiction in a $4OO, ,OOO Damage Suit.

Chicago, Jan. 14.-President F. P. Ripley of the Atchison, Topeka and Santa Fe railroad in further expla- nation of his telegram to the inter state commerce commission regarding his withdrawal of a request for a re- hearing of the case in which it is all legged that his company gave rebates to the Colorado Fuel and Iron com pany on coal shipments, tonight made the following statement: "The state ments that have been made relative to the recent hearing of the interstate commerce commission for the purpose of Investigating New Mexico coal rates indicate an utter misconception of the facts disclosed by testimony which is as follows: The mining industries of Arizona and old Mexico, located upon the Fl Paso and Southwestern rail- road and its connections. have long been important customers of the san ta Fe railroad by reason of their large consumption of bituminous coal. The favored coal. by reason of its quality for steam purposes is that mined in northern New Mexico and and south ern Colorado. All the mines situated upon the Santa Fe railroad producing this quality of coal were owned or controlled by the Colorado Fuel and II OAA NOAill'cA4aS EoOil4C NNO years at,U the Atchison company in competing for this business was confronted with fthe necessity Of making a specific freight rate which would encourage the industries mentioned to use coal instead of oil.
 As a result of the various negOtia- tions an arrangement was arrived at =whereby the Atchison company agreed that it would carry coal from the mines to Deming for two dollars a ton and would there deliver the same to the Fl Paso & Southwestern Co. col lecting in addition to its own freight rates the sum of $1.10 for the Colorado Fuel and Iron company as was the custom of all roads in that territory Through some inexplicable mistake the joint rate which was put in force to cover this arrangement and which should have shown upon its face that the rate included the price of the coal. failed to disclose such fact and as a consequence there may have been an unintentional violation of the law. but it is obvious that no one was injured thereby because the Colorado com pany received nothing more than the contract price for its coal.
 "The absurdity of current reports to the effect that rebates were paid to the Colorado Fuel and Iron company is clearly shown by the fact that the fuel company had no interest in the freight rates all of which were paid by consumers"
 One phase of the Santa Fe and the Colorado Fuel and Iron case will be heard in the supreme court of the United States on Jan. 23.
 Attorney N. B. Field of the Gale donia company, who was in Chicago today on his way to Washington de- clared that the $4O0,0 suit for dam ages which his company is prosecut- ing in the courts will be heard in Washington on motion to compel the Arizona courts to assume jurisdic- ton.
 3. $. Baker, formerly judge of the second judicial court of New Mexico and who was removed by President Roosevelt it appears refused to re- cognize the service of papers in a suit made upon F. P. Ripley. president of the Santa Fe when MT. Ripley was passing through the territory. Judge Baker held that Mir. Ripley was not stopping in the territory but simply passing through and that the service therefore was not legal From this decision an appeal was taken to the supreme court where the matter will be heard on Jan. 23.
 The $4O0G G0O damages asked of the Santa Fe is because of the alleged fact that the Caledonia Coal company was ruined and driven out of business by rebates paid by the railroad to the Colorado Fuel and Iron company.