Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-05
IMPORTANT SUIT FILED
B. AND o. CHARGED WITH DIS
ELIMINATION BY COAL co.

HARRISBURG, W. Va, May 5.--In the
United States circuit court Of the north
ern district of West Virginia a writ was
fed In a suit brought today by the Fed
eral Coal and Coke Company of West Vir
ginia against the Baltimore and Ohio Rail
road Company and the Fairmont Coal Com
pany, alleging discrimination against the
plaintiff company in furnishing transpor-
tation of coal from the plaintiffs mines
and conspiracy to wreck and cause finan-
cial ruin to the plaintiff. with the intent
to bring about the forced sale OF the plain
tiff's property.
The Federal Coal and Coke Company
claims that by reason of the discrimination
against the plaintiff in favor of the said
Fairmont Coal Company, the plaintiff has
suffered actual damages to the amount of
100000 and claim of exemplary dam
ages in the sum of $50. 900 is set up, which
the plaintiff by this suit seeks to recover
She suit was brought before Judge Aston
Dayton of this city. Mr.. David T. Watson
of Pittsburg, Pa, and w. s. Meredith of
Clarksburg the attorneys for the plain
tiff. The writ contains eighteen separate
clauses and covers fourteen closely type
written pages.
acres of bituminous coal in Marion county
w. Va, and that 1t began the develop
ment of this coal land in June, 1900 equip
ping 1t with the necessary machinery but
because of the delay of the defendant rail-
road company in completing its branch
road and sidings leading to the said mine,
the plaintiff unable to ship coal be-
fore February, 1902
Rival Company Favored.
1t Is further asserted that the Fairmont
Coal Company, who is co-defendant in the
suit, has a large number of mines on the
same division of the Baltimore and Ohio
railroad and are supplied with cars from the
lfcfri f,,1ffy ai,at
plaintiff company.
The plaintiff company is competitor of
the Fairmont Coal Company, and. it is
claimed, the latter company has unlawfulIy
and fraudulently combined and conspired
with the Baltimore and Ohio Railroad Com
in the writ.
The writ states that the railroad company
claimed that 1t had not sufficient cars to
meet the demand of coal shippers and that
it had devised plan of distribution, but, the
plaintiff asserts. in fixing the percentage of
cars which it furnished to the plaintiff, the
railroad company acted unfairly and arbI-
trarly and without consideration of the real
productive capacity of the plaintiffs mine
Run Business at Loss.
BY reason of this alleged discrimination
the plaintiff asserts that 1t has been COM
PEELED to run at loss, while its competitors
In the same locality. especially the Fairmont
Soal ConlpdHY. nave peen enabled to earn
large profits.
Had the defendant railroad company fur
nished the necessary cars, the plaintiff as
serts. 1t could have mined. sold and shipped
sufficient coal. which at the prices then Of
fered would have yielded net profit over
and above all operating expenses of $3.50 600
It Is further claimed that among the losses
to the plaintiff company is the interest on
its bond issue of 10000, approximating
$134.5OO.
Further discrimination Is alleged in favor
of the Fafrmont Coal Company by the Bal
timore and Ohio Railroad Company trans
ferring to it the title to a large number of
the cars owned by the railroad company,
which. 1t is claimed by the plaintiff was a
sham transfer made for the purpose of
evading the law prohibiting lt4lawful dis
elimination.
Violation Of Its Duty.
1t Is also claimed that certain of the off,
GERS and employees OF the Baltimore and
Ohio Company own and control majority
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