The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-05-04
DAMAGE SUIT OF S75O0OO AGAINST 90 AND FARN0N7C0A C(

- - q IT. ~ ~ E
A damage suit Of the most colos-
lsal magnitude ever brought in West
Virginia was instituted III United
States Circuit Court in Clarksburg
tat 500 o'clock Friday afternoon.
IThe amount Of damages asked Il
$4,000.
The parties 10 the suit are The
Federal Coal & Coke Company, 81
FaiFnoht against the Baltimore Il
Ohm Railroad Gompany. and lie
aifnaont Coal Company. The suit
was brought by the Federal Coal Il
Coke Company through Its attorneys
v: >, Meredith, Of Fairmont, and
Watson a Freeman, of Pittsburg.
The suit is brought under the In
|terstate Commerce Act passed 81
Congress in 1881 II relates 10 the
alleged practice Of discrimination
Of the distribution OF cars 10 opera
tors Of coal mines in this region.
The Federal company AYERS that
il is the owner Of $500 acres Of
coal and 500 acres OF surface on the
Paw Paw branch Of the Baltimore
~ Ohio railroad a few miles out Of
Fairnont. It bought the property
i'm May 1900, and began work IN
june, 1900, to develop the same
but was delayed because Of the fall
rire Of the railroad company To- build
its brunch line 10 the plant until
1902 The bill states that the conn
pang because oftllis did not ship
any coal prior to February, 1902,
1t charges that the Fairmant Coal
Company combined a number of
mining operations in 1901 and coI-
lnsiyely and .fraudulently combined
and conspired with the Baltimore q
Ohio 70 qinlawfully discriminate
against THE Federal Company for
the purpose of wreeiling and calis-
ing the tinanciaBruin of the Federal
Company, and wickedly and unlaw-
flllllsa scheming and designing 70
force a sale of the Federal Coal Is
Coke Company's property, so as 10
acquire it themselves at great loss
and sacrifice TO the plaintiff.
IL IS set forth, that the Federal
Company is entitled to fair pro
portion of cars, but that too many
were beng furnished the Fairnont
Coal Company for there to be an
equal and fair proportion. The
bills charges the railroad company
with having devised plan for The
distribution Of cars, according TO the
railroad conpany's own rating 81
mine capacities and that the per-
centage Of distribution has been nn-
fair to the plaintiff and in favor Of
the Faifmont Con, Company. Be
sides, the Federal Company was not
given even the full number allotted
by the rating, while the Fairmont
Coal Company received more.
In 1902 the capacity of the Fed-5t
eral mine was 400 tons and it got
cars for only 1874 tons. In 1908 Il
was 1,400 tons and ii got only cars
for 139 tons. In 1904 itliwas 1900
tons and it received only ears for
25s tons. In 1905 Il was 2 900 tons
and it received but enough cars 10
ship 212 tons, including January
and February, 1906.
It's set out that the Federal Conn
pany has no other way than over
the Baltimore 4 Ohio to ship Is
coal and that the railroad company
is common carrier; The latter
has been urged repeatedly TO furnish s
a full quoto of cars and in prepor-
tion to the mines capacity hit sre@
fused and failed to do 50. Asa con-
sequence the Federal Company fan
IT'S mine at great loss and the action
Of the railroad company enabled fhe
Fairmont Coal Company 10 make
large profits. It's claimed the Fed
eral coal is Of the best quality and I
commands ready sale, upon arriving
in the markets. 1t is charged that
the railroad company made it pos
|sible for the Fairmont Coal Com
|pany's operations to be sixtv4fee
per cent. of its capacity, exclusive
of private cars, and that that mag
nitpde bad prevailed with the FAIR
mont Coal Company since 1908.
The bill further states that the
Federal Company from February.
1902, to February, 1906, could lave
shipped one million five hundred
thousand tons Of coal at d net profit
Of s65o.000, but owing 70 the faet
that cars were not furnished by the
railroad company in fair proportion
the Federal fflon,por., s1,.r,,,., II Isl