The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-07-03
NO UNREASONABLE
Preferences SHOWN
DISTRIBUTION OF COAL CARS ON
THE PENNSYLVANIA
ROAD.

Fragmentary Publications in Papers
of Evidence Before the Interstate
Commerce Commission Misleading
Further Exhaustive Examination to
be Made by Experts.
Philadelphia, July "A preliminary
report Of the special committee of the
board of directors of the Pennsylvania
Railroad company recently appointed
to investigate alleged discrimination in
the distribution of coal cars as revealed
at the hearings Of the interstate COM
merce commission, was submitted to
the full board of the company. After a
short discussion the report was unani-
mously approved.
The committee, after stating that it
had been requested to extend its inves-
tigation to all companies controlled by
the Pennsylvania railroad and that it
had carefully considered the testimony
taken before the Interstate commerce
commission, says that the testimony
showed that of more than 300 opera
tors of bituminous coal mines situated
on the lines of the Pennsylvania Rail
road company less than ten operators
in all have testified that they believed
themselves to have been unfairly dis
criminated against, either In the distri-
button of coal cars, or in the matter Of
sidings connecting mine workings with
the railroad line
HTNfftuAr,a ~ nm
officers and employees of the Pennsylva-
niarailroad." the committee says, were
examined before the interstate COM
merce commission and of these Witness
es twenty-one were shown to have ac-
quired, in various ways, interests In
coal companies or properties, alleged,
but not proven, to have received un-
due and unreasonable preference In the
distribution Of coal cars, or in the con
struction Of sidlngs. Despite the pub
lie impression to the contrary derived
from the fragmentary publications Of
the evidence In the newspapers, the
testimony Of the witnesses examined
before the committee does not prove
that there have been, in fact, any un-
due or unreasonable preferences, either
in the distribution OF coal cars, or In
the construction Of sidings."
The committee says 1t has received
replies from all officers and employees
having charge Of the distribution OF
cars to inquiries made by the commit
tee regarding car distributions, but un-
til the company's records of the daily
movement of cars can be examined the
committee will be unable to know
whether the distribution of cars varied
from the rules governing the same. Be-
cause of the magnitude of the task of
tabulating, examining and comparing
many thousand reports the committee
has employed the Audit company Of
New York to undertake an expert in
vestigation of the company's daily re-
ports and other records of car distribu-
tion.
The committee calls attention to
many difficulties encountered in the
distribution of cars and says:
"There must be fair system of pro
rata distribution, but whatever be the
system, there will inevitably come per-
iods when the demand for will exceed
the supply Of cars because of Increased
market prices, some times caused by
weather. sometimes by strikes in other
territories, or some times by suddenly
increased industrial development. I'm.
der such conditions, priority must be
given, first by shippers who furnish
coal to the company's engines and next
to those whose fulfillment of contracts
will keep other railroads in operation
prevent municipalities from being left
in darkness, or enable steamships to
sail etc. 1t Is not to be assumed,
without proof that any special order
was issued by any officer from any Inn
proper motive. On the contrary the
reasonable presumption is that every
such order was issued only because of
a sufficient business necessity.
'The question of the Independent or
privately owned coal cars is not a new
question, nor one which admits of an
off-hand solution.
1.-THE Pennsylvania Railroad com
pany was chartered on the theory that
the company would build the line and
the shippers would furnish their own
means of transportation. The greater
portion of the coal tonnage Of England
is moved to-day in privately owned
cars, The use of such cars in the
pennsylvania line is not peculiar to a
few favored shippers. They have been
used from the beginning of coal trans
portation."
The report concludes as follows:
"The committee will investigate every
fact that is or may be brought to its
attention affecting the performance by
any officer or employe of his duty to
the company, or the performance by
the company of it's duties TO the public
and the committee will report it's con-
clusions In every case to the president
of the company in the confident assur-
ance that no ownership or practice cal
culated in any way to affect the full
and impartial discharge of the duties
oowed by the respective officers and
employees to the company or by the
company to the public will be conf1on-
ed; and that every officer or emplove
who after full investigation who has
been or shall be found to have failed
in the performance of his duty will be
properly dealt with"