Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-17
SUIT FOR SHORT CARS
Baltimore and Ohio Charged
With Discrimination.
INDEPENDENTS START FIGHT
Many Companies Involved in the Lit
cation at Baltimore.
PITCAIRN COMPANY PLAINTIFF
Long-Expected Action Of Shippers
Who Complained is Taken in
United States Court.
INDEPENDENTS START FIGHT
PITCAIRN COMPANY PLAINTIFF

JdilldIy lt.-lHc SApSSNSu
suit to prevent the Baltimore and Ohio
Railroad Company from continuing alleged
discrimination in the distribution of its coal
cars was instituted in the United States
circuit court yesterday. 1t was brought in
the name of the United States on behalf Of
the Pitcairn Coal Company of West Vir-
ginia. The bill of complaint was prepared
and filed by Attorneys Frederick Dallam of
Baltimore and William A. Glasgow, jr., Of
Philadelphia.
The court is asked in the bill to issue a
writ of mandamus requiring the Baltimore
and Ohio Railroad Company to cease Civ
ing undue or unreasonable preference to
certain companies in the shipping and
transportation of coal, and to cease from
subjecting the Pitcairn Coal Company, or
any other Independent coal shipper on the
Monongah division of the railroad. to any
undue or unreasonable prejudice or disad-
vantage. and to furnish the independent
coal companies their fair and reasonable
percentage of cars
Until the percentage is properly in
creased the court is asked to order the Bal
timore and Ohio Railroad Company to fur
nish the Pitcairn Coal Company with II
of the cars. which is its allotment. In as
pertaining the number of cars to which the
coal companies are entitled, the court is
also asked to require the Baltimore and
Ohio Railroad Company to take into con-
sideration all cars, whether owned by 1nd1-
vdual operators, shippers, other railroad
companies or by the Baltimore and Ohio,
which may be upon its road besides all
cars used for fuel or supply for the Balti-
more and Ohio or any other railroad COM
pany, without deducting any cars for pre-
miums al Curtis bay other arbitrary al
lotments. An order was signed by Judge
Morris granting the writ of mandamus and
making 1t returnable February Is
Important Companies Involved.
The suit is against the following COM
panies:
Baltimore and Ohio Railroad Company,
Cumberland and Pennsylvania Railroad
Company Fairmont Coal Company, Somer-
set Coal Company, Clarksburg Fuel Com
pany, Consolidation Coal Company, Century
Coal Company, Chieftain Coal and Coke
Company Clements Coal and Coke Com
pany. Cook Coal and Coke Company, Cook
& Hart Coal Company, Davis-Brydon Coal
Company, Davis Coal and Coke Company,
Douglass-Rausch Coal Company Fairmont
and Baltimore Coal and Coke Company,
Federal Coal and Coke Company. Grafton
Fuel Company. Grafton Coal and Coke
Company The Washington Fuel Company,
Hutchinson Fuel Company, Kilarm Coal
Company, Lukens Coal Company, MADEIRA
Hill-Clark Company. Maryland Coal and
Coke Company, OGara Coal Mining Com
pany, Pennsylvania Coal Mining Com
pany, Pennsylvania Fuel Company, Philippi
Galleries Company. Pittsvein Coal Com
pany, Rosemont Coal Company, Southern
Coal and Transportation Company. Tygarts
River Coal Company Virginia and Pitts
burg Coal Company, New Central Coal
Company, Meadowbrook Coal and Coke
Company. National Coal Company. Pitts
burg and Fa!rmont Fuel Company, Rosebud
Coal Company. Short Line Coal Companv
All these companies, except the Baltimore
and Ohio Railroad Company, the Cumber-
land and Pennsylvania Railroad Company
and the Somerset Coal Company, are West
Virginia corporations. All the coal COM
panics named are independent companies,
except the Faunont Coal Company, the
Clarksburg Fuel Company. the Pittsburg
and FairmUHt Fuel Company, the COnsoli-
dalton Coal Company, the Somerset Coal
Company and the Southern Coal and Trans
Vortation Company. The independent COM
pauics are expected 10 file answers admit
ting the truth of the allegations as to the
discrimination against them
Car Shortage Explained
II is alleged in the bill that the Pitcairn
company could ship 1000 tons of coal
day. but it has never been able to get from
the Baltimore and Ohio railroad sufficient
cars for its output Therefore, it is al
legged, the company has been unable TO ship
sufficient coal TO fiji contracts and has been
unable to take valuable contracts Undue
and unreasonable preference, il has been
claimed, has been given to other companies
and shippers along this line. Preference
has been given in the allotment of cars, it
is claimed. 10 companies in which the Bal
timury and Ohio Railroad Company is in
ter'sted. The assignment of foreign rail-
road ears ana ndv.dual cars and the arbi-
trary allotment of cars are also complained
of in the bill
Every other independent company is said
To nave the same complaint the Pit
Cairn company.