The Republican. [volume] (Oakland, Md.) 1877-current, 1906-08-02
THE 0IFFERENTIAL
LEGAL BATTLE ON.
Cumberland and Pennsylvania Rail.
road Co. Files Its Answer in Suit.


road, and eX-Judge Ferdinand Williams,
who appear in the case with Captain
Gordon, have prepared the answer of
the railroad company to the suit recent
ly instituted by States Attorney Will
son, under the Shannon differential act,
to have the charter of the railroad COM
annulled because of the alleged failure
of the Cumberland and Pennsylvania
Railroad Company to comply with the
requirements of the legislature to the
different;al on coal against the Georges
Creek legion. The answer, which
covers Is pages of typewriter legal
cap, and which will be filed one day this
week, is, in substance, as follows:
1t admits the passage of the act of
1896 referred to in the petition, and
states that it is the owner of a railroad
extending from Cumberland, Md, to
Piedmont, W. Va. and is operating a
branch line from Kreigbaum Station to
the Pennsylvania state line, six miles
north of Cumberland, which is shown
by the plat filed with the answer.
1t further has a connection with the
Pittsburg and Connellsville railroad at
Mount Savage Junction, and this last
named road is one Of the main arteries
Of the Baltimore and Ohio railroad, con-
Meeting Chicago and intermediate points
with Philadelphia; that the Cumberland
and Pennsylvania railroad, in 1903, en-
tered into contract with the Pittsburg
and COnnellsville railroad for Joint use
of its tracks from Mount Savage June
ton into Cumberland; that all the
freight over the latter road is carried
over the three miles of the C. & ?. IN
der this arrangement; that all of said
traffic is interstate commerce and that
the c. & P. road is an interstate COM
merce road and has been for a long time
subject to the rules and reg dlations of
the interstate Commerce Commission,
and has been exclusively subject to the
law passed by Congress.
1t admits that it has not severed its
corrections either at Piedmont, in West
Virginia, or at Mount Savage junction
or at Cumberland, with the Baltimore
and Ohio Railroad, being advised that
the State Of MAJ yland has no power to
interfere with these connections, they
being used in the transportation of
interstate commerce; that the rights of
lie people in the various states in the
Union would be seriously interfer
with by the cutting Of these physical
connections and that the interests of
the United States as a whole para
mount to be subsidiary interests of the
state Of Maryland, and must be so held
and considered
All coal CARR / by ne c. & p. road
destined to tidewater points on the At
lantic seaboard is strictly interstate
commerce Under the law of the Unit
States; it has no power to make and
does not make the rate fo~ carrying the
same, but the rate is made by the con-
Meeting systens-the Pennsylvania road
and the Baltimore and Ohio railroad.
The rate for coal for local points in
the state Of Maryland is not greater, but
in fact, is the same as the rate from the
Pennsylvania district, and is less than
the charges from Fairmont, or West
Virginia, district, and the only place to
which a higher rate is charged is the
tide water points, and all the commerce
going to said points is interstate COM
merce, not subject to res llation or con-
troll Of he state Of Ma land, directly
or indirectly.
The Georges Greek and Cumberland
Railroad Company, railroad parallel
ing the c. & P. in Allegany county, it is
contended, is doing identically the same
kind Of business, and the same identical
rates are being charged over it to tide
water points, and it is a competitor of
the c. & P. railroad. The act aimed at
the c. q P. road alone is, therefore, it
is claimed, unfair, partial and direct
against one of a class of railroads doing
the same kind of business and engaged
in the alme kind of traffic. The act is
an obnoxious discrimination against the
c. & P, and is unconstitutional and
void.
The act is mandatory act, it is held,
commanding the c. & P. to break its
connection with the Baltimore and Ohio;
the state itself cannot interfere with OF
break said connection; any attempt on
its part to do so would be an infringe
ment of the rights and lowers of the
general COVE. lment; it would be a d.
rect interference with the interstate
Commerce Of the United States, and,
therefore, the order Of the state OF
MAJ ylend commanding the C. G. P.
road to sever its connection is wholly it,
legal, and because it is illegal no penal
ty can be attached or be enforce for
the refusal to do such illegal act, ard
the charter cannot be vacated.
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