The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-21
A RAILROAD PRESIDENT
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A. tho hsaHna 10 h. bsli Tomorrow hy
tha Interstate ComHercs Commission,
which Ia investigating tho rrla,ions NJ tho
railroads 10 tho coal and oil indus, ries
Advicea received hero arr TO ,he effect that
Presidents CasSatt ~ the Pennsylvania
Newman ~ the New Yorh Central. Stevens
~ the chesapeake and Ohio, Yates ~ the
Buffalo, Rochester and Pittsburgi Murray
Of the baltimore and Ohio, johnson Of tho
Norfolk and Western and others will not
come, and instead ~ tbe great array of
talent that II was believed a week or no ago
might assemble In Washington. the som
mission will be- confronted by groups OF
subordinates.
The railroad presidents named and
many others were invited TO appear
before the commission to make eIplana-
lions Of the relations alleged to exist be-
tween the coal companies and officers OF
tho roads. They were not legally sum
moned. IL Is presumed that an invitation
instead Of a subpoena was issued because
Of tho immunity granted In recent legal
proceedings instituted by the Government
against certain combines.
In the hearings held in Philadelphia and
else in the last month or so the COM
mission has developed Irregularities that
amount to violations of those features Of
the Elldns anti rebate act prohibiting dis
ordinations by the railroads. 1t is under
stood TO be the purpose Of the Government
to proceed against the heads Of the railroad
systems involved, and for that reason they
were invited and not summoned TO appear
before the commission. Mr.. Cassatt and
certain other presidents did not reply to
the invitation. Others got in touch with
one another and decided not to appear.
In fact. some Of the railroad presidents took
the position that their interests might DO
~prejudioed by such an appearance.
There is good reason to below that the
administration intends to make an ex-
ample Of some railroad president or presi-
dents. The Government seems to be
proceeding on the theory that nothing
will go as far toward putting an end to
unjust and illegal determinations by rail
roads as the conviction Of one railroad
president or other high railroad official
upon whom responsibility for discrimina-
tons can be fixed. Hence the presidents
named we're not s~ubp9naed to come before
the commission. for any testimony which
they were forced to give could not be used
against them in the courts.
Proceedings IL brought will be under the
Elkins law, which has proved to be more
effective than it was generally believed to
be q few months ago. 1t Is understood,
also, that actions may be brought under
the Pennsylvania State laws, which forbid
railroad officials owning stock in coal COM
panies, but with which the National Admin
istration will, OF course, nave nothing to
do, save to furnish any evidence which the
Pennsylvania law officers nay ask.
A. Robertson, general manager Of the
Western Maryland Railroad Company, tes-
tilted before the commission to-day that
the road owned the Davis Coal and Coke
Company in West Virginia. AS far as he
knew the carrier was not interested in any
other coal concern along its line, Mr.,
Robertson said he had no stock in coal
companies and had never owned such
stock. He testified that no complaints had
been made against the Western Maryland
Of discrimination in the matter of car dis
tribution.
C. A. Steiner, superintendent Of the Vest
ern division Of the Western Maryland,
admitted that he owned five shares of stock
in the Abrams Creek Coal and Coke Com
pany. He purchased it Of Mr.. Brady, the
president. who was connected with the
Western Maryland at the time Of the sale.
He knew of no other Off Ger OF the Western
MARYLAND who owned coal stock.
Comptroller H. w. Baumess Of the Buffalo
and Susquehan na testified that his company
owned or controlled all the coal properties
along it's lines. He said there were unde-
veloped Goa! lands in the region in which
the road operates, but that no applications
to work them had ever been made.
why is it, asked Commissioner Glenn
ents, that these undeveloped coal lands
are not worked? Is it because your road
and the others in that region control all Of
the GOAL lands or is 1t because the owners
cannot get sidings?"
The witness replied that he did not know
why the lands were not developed, but he
did know that il they were worked facilities
would not be lacking for handling the coal
taken from tnem.
At the afternoon session C. E. Doyle,
general manager Of the Chesapeake and
Ohio Railroad. was called to the stand
and questioned by Mr.. Whitney, special
counsel for the Government. Mr.. Doyle
said that be owned no interest in any coal
mining property, INC so far as he knew
no other officer Of his company owned any.
He said that the Baltimore and Ohio
Railroad used about $500 tons Of coal a
day, and that this was obtained from mines
along It's lines. or this amount, he said,
from $50 to 100 tons a day were purchased
from properties owned by Z. j. Berwind Of
the Berwind White Coal Company.
In reply TO questions by Mr.. Glasgow the
witness admitted that the railroad company
was enabled TO buy GOAL from the operators
pra otically at q reduced price.
They do that In order TO insure distribute
ton Of cars, don't they'0 asked Mr.. Glas-
gov.
Il uppose that is Q consideration
Then that Ia about equivalent to paying
for the car distributionf'
yes Z
It was developed that the cars for fuel
coal were included In the regular distribu-
ton Of cars, except In the case Of the Ber-
wind White company. Mr.. Doyle said