The Montgomery advertiser., 1906-02-25

1 Third Vice e-President of the B. and o. l told MT. Bullitt that the road wasn't | going to have a lot of li.Sss shippers | on the line who would ship coal when | prices were high and then shut up shop | and go home and let the large ship pers have the lean .years?" The road 1 proposed to protect its large ship | pers."
 | Mark the reason. It shows how | trusts are made; 1t shows how large | shippers" are protected by the common | carriers of the country and how little | shippers are killed off,-today The | Red Rock Company was organized in 1 the last month of 1904, and it's fight is still in the fighting. But other req | sons were given later by the B. and O. For Logan M. Bullitt wasn't killed | off The little shippers went on de- veloping their mine. They spent S20,- 900 on it and they planned confidently the expenditure of forty or fifty thous- and more. They bought railroad ties and 7O-pound rails; they bought a right of way and procured authority to '"con struct. operate and maintain" a rail- road 3.9S0 feet long; and they graded their road up to 500 feet of the com mon carriers tracks. Moreover, they mined some coal and MT. Bullitt sold it. In February or March. 1905. Mir. Bull lit went to Baltimore to interview the President of the B. and O. The Pres ident wasn't certain that he could see MT. Bullitt that day, and he advised him to call on the First Vice-Presi dent Mir. Bullitt took his advice. The First Vice-Presdent could give him no encouragement, however, so MT. Bull lit sat down and cheerfully wrote a letter to the President, and he got an answer; and also he got another reason. Here is the letter:
 MT Logan M. Bullitt.
 Dear Sir-The present coal develop ment on the road is to a considerable extent beyond the ability of the opera tors to market tte product. or the rail- road to promptly and fully furnish transportation facilities to move 1t. Therefore, the company cannot reason ably encourage the expansion of the sit lation. The commercial obligation thus imposed prevents going beyond wh It is the company's strict duty under the law In the matter. It is believed that you will appreciate the propriety of this position.
 Yours very truly
 Oscar G. Murray"
 This was what the cheerful Mir. Bull lit was after-a letter-and he went with 1t, not to court, but to the Inter- state Commerce Commission. He filed his complaint on April 20, 1905. The Co nmission had hearings and in its findings of fact" remarks upon the two different reasons previously given, for refusing to comply with Mr. Bull lltt's request for a siding, and it con- siders them. But" the Commission says. at the hearing other matters were advanced -. all practically included in the additional expense ." Then the Commission proceeds in dry, complicated legal terms to show that the said defendant, the B. and O. Rail- road. is a liar.
 Nevertheless, the Commission consid- CTS the lie very solemnly, and finds" that, true or false, it is only "discrim- ination." Read:
 Defendants claim of Justification, based upon the statement that it's coal carrying equipment is already over taxed. would apply equally to any kind of traffic at particular point If it's (the railroad's) position is correct, 1t may refuse to grant transportation fa- cilities to any village or town which may hereafter be built adjacent to Its line of railway"
 And that is what Governor Dawson said the railroad trust as he calls it, does do now: It decides, he says. what part of the State shall be devel- oped and what part shall not be devel- oped.' And the Commission bears him out, for it finds" that the circum- stances in this case justify a concIu- sion that the discrimination is not only wrongful as between complainant and other more' favored shippers, but amounts to undue and unreasonable preference and that an order should issue" And an order did issue: and the order may be upheld in the courts. Logan M. Bullitt and the Red Rock Fuel Company may, in the course of time, win their case on apeal but the next man who applies will re- ceive the same treatment
 So Governor Dawson Is right as to this case of tyranny. Is the general state of things true as he describes 1t? I know of several cases just like this, and West Virginians tell me they are typical And Governor A. B.. White. Governor Dawson's predecessor, said they were typical in his time But the motive of the railroads may show whether their sense of comm ercial ob- ligation" is matter of policy. Why should railroad want to say what