The Providence news. (Providence [R.I.]) 1891-1906, 1905-02-03

VIOLATIONS
OF THE LAW

Washington. Feb. 3-"Flagrant. wilfu
and continuous violations" OF the law
during the past FIVE years is the way IN
wi ich tho Atchlson. Topeka and Santa Fe
railroad is arraigned IN a decision promul-
gated today by the interstate commerce
con mission on The alleged unlawful
rates and practices" OF that road IN the
transportation OF coal mine supplies. In
volving also the Colorado Fuel and Iron
company
Ihe main points OF the decision, sum
marizing the way IN which II Is alleged
the law has been violated and disregard
ed. are as follows.
The act 10 regulate commerce requires
carriers 10 publish and adhere 10 their
tariffs.
The Atchison Tokeka and Santa Fe
vailroad company has for the last five
years. wilfully and continuously violated
the provisions OF this law in the respects
above stated.
Feb. 10. 1908. the so colled Elkins bill
was enacted providing that carriers
should in no case transport traffic until
a trafic had been published and that the
published tariff should be observed and
providing n penalty OF not less than $1,000
nor more than $4,000 for each offence.
The provisions OF this statute extend both
10 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 continuously violated the provisions
or that act In the particulars mentioned
from the day OF its passage down to Nov,
27. 1904 when the tariffs under which
this coal moved were removed in all case
TO 81 80. II would seem that the Fl Paso
/ H.
Ia tion OF tho same statute during that
period, but that company was not a party
10 this proceeding and has not been heard.
II should he further observed that on
March 25 1902. the United States circuit
court I'm a suit begun az the instance and
request OF the Interstate commerce en-
Joined the Atchison, Topeka and Santa
Fe Railway company 10 observe in all
respects its published schedules Of rates.
That company from the date OF this In
junction down TO Nov. q, 1904, was APP
parently in continuous disregard Of that
order OF the court In it's failure to main
tain these coal tariffs.
The alleged infractions OF the law were
irst called to the attention OF the com
mission by the claim Of the Caledonia
GeaA AeeHHPany, operating a coal mine ut
Gallup. n. III. that the Santa Fe road was
against II in favor OF the
Colorado Fuel and Iron company. A
contract OF the Santa Fe with the
Caledonia company expired in 1898 or 1893
and was not renewed. and when IL at
tempted 20 find a market for its steam
sizes OF coal. IL is charged. 'It ascertsined
apparently that coal, both from the Trini-
dad region and from the mines OF Gallup.
was being supplied at a price that about
equalled the freight rate alone from the
point OF production 10 destination"
The decision says that no other indi-
vidual could do business In competition
with the Colorado Fuel & Iron company
in this field unless he enjoyed the same
freight advantages; that when other indl-
viduals endedvored TO mske contracts in
with the Colorado Fuel & Iron
they were compelled 10 pay
the published rates and therefore were
unable 10 furnish the coal, and that under
this arrangement the Santa Fe company
and the Colorado Fuel & Iron company
entered into a partnership in
the handling OF this coal, in the execu-
tion OF which the published schedules Of
the Santa Re were utterly disregarded."