The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1906-05-11
SUIT FOR
s750,000.00
AGAINST B. & 0.

A damage suit Of the most colos'
sal magnitude ever brought in West
Virginia was instituted in Unitee
States Circuit Court in Clarksbure
at 800 o'clock Friday afternoon
THE amount of damages asked il
$75O,OOo.
The parties to the suit are the
Federal Coal & Coke Company OF
Fairmont, against the Baltimore d
Ohio Railroad Company, and the
Fairmont Coal Company. The SUIT
was brought by the Federal Coal q
Coke Company through its attorneys
w. s. Meredith, of Fairmont, and
Watson & Freeman, Of Pittsburg.
The suit is brought under the In
terstate Commerce Act passed by
Congress in 1887, II relates to the
alleged practice of discrimination
of the distribution of cars to opera
tors of coal mines in this region.
The Federal company AYERS that
it is the owner of $500 acres OF
coal and 300 acres Of surface on the
Paw Paw branch Of the Baltimore
& Ohio railroad few miles out OF
5lFairmont. 1t bought the property
in May. 1900, and began work in
June, 1900. to develop the same
but was delayed because of the fail
eurc of the railroad company to build
its branch line to the plant until
1902. The bill states that the com
pany because of this did not ship
any coal prior to February, 1902.
1t charges that the Fairmont Coal
Accompany combined number of
mining operations In 1901 and col
lusively and fraudulently combined
and conspired with the Baltimore s.
Ohio to unlawfully discriminate
against the Federal Company for
The purpose of wrecking and caus-
ing the financial ruin of the Federal
Company, and wickedly and unlaw-
fully are scheming and designing to
force sale of the Federal Coal &
Coke Company's property, so as to
acquire it themselves at great loss
and sacrifice 10 the plaintiff.
1t is set forth that the Federal
Company is entitled to a fair pro-
portion of cars, but that too many
,were being furnished the Fairmont
Coal Company for there to be an
equal and fair proportion. The
bill charges the railroad company
with having devised a plan for the
distribution Of cars, according to the
railroad eompapy's own rating of
mine capacities and that the per
eentaee of distribution has been un-
fair 10 the plaintiff and in favor of
the Far1nont Coal Company. Be
sides, the Federal Company was not
given even The full number allotted
bv the rating, while the Fairmont
Coal Company received more.
Jn 1902 the capacity of the Fed
>eral mine was 400 tons and it got
cars for only 1874 tons. In 1903 it
was 1.4o0 ions and it got only cars
for 1879 tons. In 1904 it was 1900
tons and ii received only cars for
25s ions. In 1905 it was 1000 tons
and it received but enough cars to
ship Pig tons, including January
and February, 1906.
It set out that the Federal Com
pany has no other way than over
the Baltimore & Ohio to ship it's
coal and that the railroad company
is a common carrier. The latter
has been urged repeatedly to furnish
a full quote of cars and in proper
ton to the mines capacity but re-
fused and failed to do so. As a con-
sequence The Federal Company ran
Its mine at great loss and the action
of the railroad company enabled the
Fairmont Coal Company to make
large profits. It is claimed the Fed
eral Goa! Is Of the best quality and