The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-03-01

IihuV - tOcdleu, Inere is no other
coal development; that the tipple Of
the company is situated a mile from
the line Of the defendant, thus max
ing it impossible for the Red Rock
company to make a legal tender Of
shipments to the defendant.
The defendant alleges that it il
not a stoekholder in any coal com
pany, large or small, located in the
vicinity or on its lines Of railway in
the Fairmont district. Ii has an in
direct interest in the Farmont Coal
company through its ownership ,of
a majority of the stock Of the Com
|solidation Coal company: that the
commission finds that the alleged
stockholding of the defendant in the
Fairmont Coal company is the rea-
son the Red Rock company has not
received a switch connection, but
that this is absolutely untrue and
based purely on assumption and mis-
take; defendant says that its posi-
tion with respect to the Red Rock
company arose from the peculiar
conditions surrounding the latter its
remote situation in a new and un-
developed district; that the output
from the older developed districts
on its line is greatly I'M excess Of
market requirements andfdefendants
facilities and equipment; that the
output of these mines in fourteen
months was 30,s32, ,495 tons and
shipments 1856, ,260, indicating un-
due and excessive development; and
TO furnish cars for the Red Rock
would have necessitated a hardship
on the other operators whose car
supply would have been correspond
ingly reduced. ~
This condition of oyerdevelop-
ment began prior to the defendants
indirect interest in tie Fairmont
Coal company, and the defendant
adopted conservative policy with
respect to further coal openings de-
fendant says the necessity of COM
mon sense TO secure an economic
handling of the situation for the
protection of all interests, and
adopted its conservative policy with
respect to. switch connections. which
is applied to- the Red Rock COM
pany, as it had been applied TO many
other propositions of similar charac-
ter The Red Rock company sought
preliminary agreement with the de
fendant for another switch connec-
ton, which, as far as defendant
knows. was the basis of sale of its
property TO other parties.
The defendant alleges that ship
ments of coal from the mines of in
dependent companies has Increased
in greater proportion last year than
those Of the Fairmont Coal company
and that defendant has recognized
its obligation. as a common carrier to
accord fair and impartial treatment
to all shippers.
After the noon recess Harvey W.
Harmer made a plea OF guilty for
John Tucker, of Doddridge county,
to the sale Of liquor, and Judge
DAYTON sentenced him 10 nav 800
fine and serve 30 days in the Dod-
bridge county Jail.
Division Superintendent u. b.
Williams. Of Grafton, testified for
the B. & 0. railroad. His terri
tory covers the Monongah division,
including the West Virginia & Pitts
burg division. He said he was
familiar personally with the loca-
tion Of the Red Rock Fuel COM
pany's mines.
The Red Rock mine is not in a
coal region and if opened would be
the opening Of a new region. The
Fairmont district is that part of the
coal region to Clarksburg from Nor
gantown, and on Me b. & o. from
Underwood 10 Kfngmont. The
building Of the extension from Tv-
carts Junction to Buckhannon was
not for the coal traffic, but for the
lumber traffic from the Gauley dis
trict and no coal traffic has been en-
gagged in on it from Buckhannon to
I4emiev junction. The distance
from the b. & o. railroad to the
Red Rock tipple Is about 1000 feet.
He saw no reason why the Red Rock
could not have built it, tipple adj
iaeent 10 the railroad. and here Mr..
Glasgow asked II they would let
them. Mr.. Bond said they would
and all Thought the case ended. but
they did not agree. and the evidence
proceeded.
The mine Is near The Pickens
line Of the West Virginia & Pitts
burg division. Backhannon Is the
nearest station u importance.
Mines are located on chat division