The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-03-01
INTERSTATE COMMISSIONS
ORDER SOUGHT TO ENFORCE.

special session at IL -OW - tlOch
Thursday morning with Judge A.
G. Dayton, Of Philippi, on the
bench.
Judge Dayton announced that the
first case to be taken up was that of
the Red Rock Fuel Company vs.. the
Baltimore & Ohio Railroad Com
pany, 10 enforce an order by the In
terstate Commerce Commission di-
recting the Baltimore & Ohio to
cease its alleged discrimination
against the plaintiff in that it had
refused and failed to furnish a sid
ing and cars for the shipment Of the
plaintiff coal from its mines beyond
Buckhannon on the West Virginia
4 Pittsburg railroad.
But by courtesy a short while was
given to the injunction and receiv-
ership suit OF George Hyams of
Massachusetts, against the Federal
Coal Company, and an order was
directed to beSentered setting the
case for a hearing some time in this
month, the date to be fixed later.
The Red Rock case was then taken
up. w. A. Glasgow, Of Philadels
phia, appeared for the plaintiff, and
Hugh Bond, Jr., of Baltimore, sec
ond vice president and general
counsel for the Baltimore & Ohio !;
John G.. Wilson, of Baltimore; as
sistant to the general counsel, and
John Bassel and John w. Davis, Of
this city, were counsel for the de-
fendant company.
After deciding on the form OF pro-
ccdure and the introduction Of the
finding OF facts by the Interstate
Commerce Commission, Logan NJ.
Bullitt, Of Philadelphia, president of
the Red Rock Fuel Company, was
requested to take the witness stand.
The order of the Interstate Conn
merce Commission of November %,
1905. directing the Baltimore &
Ohio to cease on and after December
%, 1905, its discrimination against
the plaintiff and to provide the same
with shipping facilities, was read 10
the witness, and he was asked If the
Baltimore, & Ohio had complied. with
the order. He replied that said
company had not complied with said
order. He was then turned over to
the defendants lawyers, but they
stated they had no questions to ask.
In the case it is set out in the bill
Of the plaintiff that the company had
failed to comply with the order Of
the Interstate commerce commission
to build its line to the plant of the
plaintiff in Upshur county and fur
nishing them with cars for the,
movement of their product.
The Red Rock Fuel Company's
property is in Upshur county, but
most Of the members OF the company
are residents of Philadelphia. The
case includes principles involved in
the famous Kingwcvd Coal and Full
mer Coal Company cases, the latter
Of which is now pending before
Judge Dayton and the former hav-
Ing been decided BY Judge Nathan
Golf and affirmed by the supreme
court Of the United States. In adj
dition to the charges of discrimina-
ton in the. distribution of cars and
refusal or failure to bnild railroad
10 its plant the Red Rock Fuel COM
panv alleges that the railroad COM
pany owns stock in coal properties
in this region.
The Baltimore s Ohio company,
die defendant, in its answer.
specifically denies the jurisdiction of
the interstate commerce commission
over the subject matter Of the COM
plant and the jurisdiction Of the
court over said matters and asks
thereon the Judgment Of the court,
before it proceeds further with the
case and saws that the report and
opinion Of the interstate commerce
commission is not based upon the
facts Of the case nor the evidence in
trod1ced therein, but upon mere as
Sumptions and snrmises. which are.
entirely contrary to the facts and
evidence and directly negatived and
contradieted thereby; that the order
q upon certain findings Of the
ate commerce commission,
. III are absolutely unwarranted by
the facts and evidence
The company says that the alleg-
ed facts that the Red Rock Fuel COM
panv operation Is in the Fairmont
district in which district other OPP
erations have been granted switch
connections. Is not borne out BY the
facts. Is the plant Of the plaintiff is
not in the Fairmont district. but is
pioneer Development IN a new
field, and that IN the whole Of Up