West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-01-18
MANDAMUs PROCEEDINGS.
A, 4. fulmer Coal Company Against
The M. x X. Railroad.

The case of the A. G. Fulmer Coal Com.
pany agains the NJ. * X. Railroad Company,
which has been in the courts for several
years, came up before Judge Dayton at
Parkersburg last Wednesday. The Wheel
ing Intelligeneer has the following review
of the case, which has several points of
interest.
"wednesday morning at 9 o'clock at
Parkeisburg, before Judge Dayton of the
United States Court, the celebrated Fulmer
Coal Company cases against the Morgan.
town Kingwood Railroad Company, were
started. The case is the FIRST one that has
ever been tried in the United States under
the Elkins law, and there is an element of
humor in the case, when II Is known that
Senator Elkins is the owner of the railroad
that isthe defendant, The charge that is
made against the railroad by the Fulmsr
Coal Company is the evil which the Elkins
law provides, or is supposed to provide a
remedy for. Once before this case was
occasion it was not prosecuted very energeti-
eally, with the result that the coal company
lost. This time the Fulmer Coal Company
has employed the best legal talent in the
State, including Hon. Henry NJ. Russell Of
Wheeling, Captain Ernest o. Kooser of
Somerset, Pa, and Baltimore lawyer, rep
resenting the mortgages Of the coal company.
Representing the railroad company are p. J.
Crogan and Neil ]. Fortney of Kingwood,
w. ). Meredith of Fairmont, and w. H.
Glasscock OF Morgantown. the present col.
lector of internal revenue. The coal company
has been anxious to get the case ia the
United States Court. They got writ of
mandamus from Judge Dayton, returnable
at Wheeling last fall, blu, at that time the
attorneys for the defense pleaded for delay
on account of a technicality in the mandam-
us. The delay was granted and another
day set for the hearing of the case in Wheel
ing, AT this time they again sought delay
and an affidavit was sworn to by Senator
Elkins that his son, Davis Elkins, was in
Europe for his health and could not be
present at the trial. Judge Dayton granted
the delay on the assurance that the witness
was in such shape that It would be de,ri-
mental to his health to appear. The trial
was then set for Parkersbuag last week.
This in a nutshell is the case, and is
parallel in many respects to the celebrated
case of the Kingwood Coal Company agains,
the West Virginia Northern Railroad, which
was held before Judge Golf, who decided in
favor of the coal company and ordered the
railroad TO supply the coal company with
35B per cent of all the cars received at the
terminus at Tunnelion. The case was taken
to the Supreme Court of the United States,
which upheld the lower court, and the rail-
road had no place TO which they could
appeal the case, as the highest tribunal had
decided against them.
The only difference in the present case is
that the railroad company here absolutely
refused TO rive any cars to the plaintiffs aud
even tore up their switch leading 10 the
mines.
The defense will b. that the Morgantown
& Kingwond Railroad Company is not sab
| lest Ia interstate commerce laws, as it
| operates IN but one State, and tins can i've
construed that they are suhlec, to interstate
commerce. On this point the fight will
hinge, and it is nov predicted that the case
may drag on for couple Of weeks ~ the
United States CourI. The case is being
watched with interest as il is a test aud will
establish precedent"