The sun., 1906-02-25
COMPLAINT AGAINST THBB.&O.
DjSrfl lNlN.tTION IN FiVOR or
IT'S OWN COAL COMPANY.
The Federal Coal Company In the West
Virginia Fields Was Abie to Get Only
FO'ir to SIX Cars Daily. while u. &
O.'s Company Was Supplied with 400.

WASHINGTON, Feb. "a. - Representative
Hughes Of West Virginia has received a
letter in the form Of IA petition from X. J..
Lewis, secretary Of the Federal Coal and
Coke Company of Farmont, WA, against
the alleged unfair Determinations Of the
Baltimore and Ohio Railroad Company in
favor Of the Fairlnont Coal Company, which
the road is said to own and control
The petition is a severe arraignment OF
, the Baltimore and Ohio and its methods,
which it is asserted operate to the great
injury of independent coal shippers In the
West Virginia coal fields. Mr.. Hughes will
present it in the House on Monday, The
petition reads in part as follows:
The Facts are that the Baltimore and Ohio
Railroad officials have for long time held
| stock in the Fairmont Coal Company, but u
few years ago acquired 5l per cent. OF the
stock of the company. The Fairmont Coal
Company Is a large combination operating
fifty or sixty coal mines in this district. and
owing to its intimate relations with the rail-
road officials the condition OF the independent
operators has become we'll nigh insuferable.
Many Of the independent operators have been
forced to sell out. and many more are on the
| ragged edge Of a miserable dilemma, hanging
on to property so handicapped that 1t cannot
be sold
In reply to complaints and pleadinss the
Baltimore and Ohio officials take the position
that available equipment is eauIsably dis
trbuted on a percentage basis This per-
centage IA arrived at by their own-fnethods
They rate our capacity by the cars we ship
How can we ship II We do not get cars? Ii is
| a fact. nevertheless. that the Fairtnont Coal
| Company's mines run fairly full always
| Their annual statements show marvellous
| n. = kN,,o
| many Of them with very eligible up TO date
| plants, have during the same years made
serious losses sadly impaired their capita ]
and contracted ruinous debts.
When coal was selling iis February i9p,.
| at 81 per ton. owing to the anthracite rail
roads coercivs measures. the Baltimore and
Ohio Railroad authorities only permitted
to be put in the Federal mines for tue entire
month twenty-five cars, less than one car per
day, while the Fairmont Coal Company
was shipping more than 400 cars daily. The
railroad company by many devices furnished
their own coal company with equipment
to take care OF most of its capacity output.
private cars. fuel cars. Monongahe division
| cars and miscellaneous oars.
The point this communication seeks to
make ia that the railroad carriers should not
also be permitted to be producers. traderp and
merchants along their own lines The rail-
way averages to get from independent ship
pers mors than three-ffths Of the selling price
at destination for freight; the producer less
than two-itths for the coal. Why can they
not be satisfied with such division? The stock
holders Of the road probably would be, but
there is an attractive side, sugarcosted
side. to the high officials which cannot we'll
be withstood unless it can be corrected by
some power greater than the railway officials.
II the railroads and officers of the railroads
could be made to keep their hands of. neither
directly nor indirectly allowed any share 10
private enterprises along their lines. that
would be great relief and assurance to busi-
ness people generally along all lines of rail-
road throughout the country.
Mr.. Hughes in discussing the petition
.The Hepburn bill does not protect the
shipper who is denied the means of trans
porting his products. The Interstate Com
merce Commission might exercise to the
fullest the powers vested in 1t by the bill,
and vet it would not afford remedy for the
shippers of coal, for example. to whom the
railroad refuses to furnish cars. ! would
have offered an amendment to the Hepburn
bill TO prohibit such discrimination but for
the fact that the bill was compromise
and the minority, and it was the genera
understanding that no amendments we're
| to be adopted. ! regard this proposition
Of too much moment to allow 1t to be jeopar-
| died by onerlnG II IN the shaPeol all aInend,
ment with the certainty Of defeat. shall
introduce it as a separate bill.
There is no difference in principle in the
matter Of rate discrimination and discrimi-
nation in furnishing facilities. for trans
portation. However reasonable the rate
| may he and however universal its applica-
! ton, it still does not protect the shipper
who ia denied the means of transporting
| his products. In one particular case have
in mind gentleman built branch
line Of three miles, making connection be.
tween his property and the Norfolk and
Western Railroad. After this road had
been built he was compelled to decd his
| branch line TO the Norfolk and Western,
and without compensation. before that
company would permit him to connect
with their line. Not only that, but he was
also required to give an indemnity bond OF
| $50 900 az a guarantee to tho Norfolk and
Western Comps ny gainst loss in the event
| should there be any defect found in the,
title OF the lands over which this line had