Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-03
Santa Fe Road Charged With
Violation of Law.
RATE DISCRIMINATIONS
CoLLUsIoN WITH COLO
RADo FUEL AND IRON co.
Decision Promulgated by the Inter
state Commerce Commission AL
leging Defiance Courts Orders.

FLA grant, wllful and continuous viola
tions of the law during the past five years
is the way in which the Atchson, Topeka
and Santa Fe railroad is arraigned In de-
cision promulgated today by the interstate
commerce commission on the alleged un-
lawful rates and practices" of that road in
the transportation of coal and mine sup
plies, involving also the Colorado Fuel and
Iron Company The main points of the de-
cision, summarizing the way in which it is
alleged the law has been violated and disre-
garded are as follows:
1.-The act to regulate commerce requires
carriers to publish and adhere to their
tariffs. The Atchison, Topeka and Santa
Fe Railway Company has for the last five
years willfully and continuously violated
this provision of the law in the respects
above stated.
February 10, 1903, the se-caled EIkins
bill was enacted, providing that carriers
should in no case transport traffic until 4
tariff had been published, and that the pub
lished tariff should be observed, and pro-
viding penalty of not less than 81 900 nor
more than $4,000 for each Offense. The
provisions of this statute extend both to
the railway company which grants and
the party which receives the concession.
Both the Santa Fe and the Colorado Fuel
and Iron Company Systematically and con-
tnuously violated the provisions of that
act in the particulars mentioned from the
day of its passage down to November q,
1904, when the tariffs under which this coal
moved were reduced In all cases $1.15. 1t
would seem that the Ell Paso and South
western railroad also in violation of
the same statute during that period, but
that company was not party to this pro-
ceedinS, and has not been heard.
Courts Order Ignored.
'It should be further observed that on
March %, 1902, the United States circuit
court in a suit begun at the instance and
request of the interstate commerce commits
sion, enjoned the Atchisen, Topeka and
Santa Fe Railway Company to observe in
all respects it's published schedules of
rates. That company from the date of
this Injunction down to November 81 1904.
was apparently in continuous disregard Of
that order of court in its failure TO MAIN
tain these coal tariffs
The alleged infractions of the law were
first called to the attention of the commis
sion by the claim Of the Caledonia Coal
Company, operating coal mine at Gallup,
N. NJ. that the Santa -F'e road was dis
eliminating against it in favor of the Colo
rado Fuel and Iron Company.
contract of the Santa Fe with the Gale
dOnia Company expired In 1898 or 1889 and
was not renewed and when it attempted to
find market for it's steam sizes of coal,
IT is charged, 1T aSceftained, apparently,
that coal both from the Trinidad region and
from the mines at Gallup was being sup
piled at a price which about equaled the
freight rate alone from the point of pro-
duction to destination"
Monopoly Enjoyed.
The decision says that mo other individ
ual could do business in competition with
the Colorado Fuel and Iron. Company in
this field unless he enjoyed the same
freight rate advantages; that when other
individuals endeavored to make contracts
in competition with the Colorado Fuel and
Iron Company they were compelled to pay
the published rate and therefore We're un-
able to furnish the coal, and that under
this arrangement the Santa Fe company
and the Colorado Fuel and Iron Company
virtually entered into partnership in the
handling of this coal. in the execution of
which the published schedules of the Santa
Fe were utterly diSregarded."