The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-13
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COURT OPENS PENN R. R. BOOKS
MUST GIVE COAL 60. LAWYERS
ACCESS TO ALL RECORDS.
L. s. Judges Sign Order al Request Of Com
Germs That Charge Railroad With Civ
ing Their Competitors Advantages in
Freight Rates and Distribution OF Cars.

ing Their Competitors Advantages In
Freight Rates and Distribution OF Cars.
PHILADELPHIA, April ~ Judges McPher-
son and Holland of the United States Dis
trict Court to-day signed an order CON-
polling the Pennsylvania Railroad Company
to open for the INSPECTION of attorneys and
accountants all books and papers contain
ing figures or records in any way bearing
upon the distribution Of cars to coal CON-
panies or upon favors Of any character
granted to any shipper of coal.
The application for the order was made
by George H. Graham, former District
Attorney Of Philadelphia counsel for the
Pennsylvania Coal and Coke Company,
the Mitchell Coal and Coke Company and
the Webster Coal and Coke Company,
Attorney Graham alleges that his clients
nave suffered evere losses because the
Pennsylvania Railroad has given their com.
petitors advantages in the way of cars
and shipping facilities. and that the se
favors amount to an unlawful rebate and
discrimination.
The Berwind-White Company is the prin-
cipal one said to have been favored by the
Pennsylvania Railroad to the detriment
of MIR. Graham's clients. Mr.. Graham
charges that officials of the Pennsylvania
Railroad Company really control the Ter
wind-White Company and that stockholders
of the coal company are also stockholders
CT the railrO ad.
He expects to prove this hy the books.
Information is also sought as TO the
manner in which rebates nave heon given
to the Rerwind-White people and other
favored shippers. Some Of these rebates.
IL IL alleged. amount to 30 cents n ton. MIR.
~ -. l.. L. 49, -, d.
system the Pennsylvania pursued in it's dis
tribution Of cars TO the favored shippers.
The ruling of the court puts the railroad
at the mercy Of Mr., Graham and hisiclients
He will have unlimited opportunity to gather
all the evidence that the railroads have on
their books. Nc restrictions have been
placed upon him or his accountants. All
the order says is that the railroad must open
its books and papers for the inspection of
the attorney on n after. April 10, and on
that day Mr.. Graham, his associate, Joseph
Gilhllan, and several expert accountants,
will descend upon the offices of the railroad.
Efforts viii be made TO find documenta ~
evidence OF the rebate clearing houses
which the Pennsylvania M the Reading
are said to have maintained. An attempt
will also be made to trace the ownership OF
the stock Of the coal companies.
! This order will open the door to all the
| other lawyers who have been seeking for
years the privilege of inspecting the books
OF the Pennsylvani mia Railroad Company,
Attorney James W, W. Nowlin has already
requested that he receive the same privileg pc
as counsel in the International Coal Mining
suit.
For the past two wears, and most fire.
ouentlv since the Elkins act was passed,
making 1t an ofence to give rebates, scores
of applications have been made to the
courts for lust such an order, but these
requests hove invariably come to nothing.
Several times when the lower courts
seemed willing to issue orders compelling
the railroad to onen its hooks appeals were
taken to the higher courts and there sus-
taincd.