New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-04-27
COAL CAR DECISIONS.
Esv Principles Involved in Those Of Com
rlerce Commission.

vasa.-E---. A--l 26.-Six important cases n
~o--g -ez principles relative 70 the distribution
2 -czI -a-s mine operators. There il74 cars %
c--ie-s z-e taken into consideration. nave beeh
6sc.5s5 m --a Interstate Commerce Commission
rs o-t-s--s were rendered by Commissioners
Coo-c- and Clark. each passing on three cases
ore
Il Ire f-z- decision, involving the three cases
. Ire E---I Coal ard Coke Company. the Ieililes
See Coal Company and the Nnersvile Coal CON-
fsry ssa,~r- he Sourhern Railway Company rem
os-sd - Commissioner CockrelL the COMMISSION
led tnz- rre plan OF distribution practlsed ~
iae defendant vas unduly preferential O. 'Ae ilT
co-t-e~- mines and resulted IN an urlfe4SoI4n-S
osarvs--z-- n the purely commercial mines; that
4 IT, mater q ca distribution where there vas
e soecus-s supply Of coal cars, the only
g practice t respect the transportation q co11
tro- TIE mines thai was just fair and reasonable
10 he~e-s.- followed was 70 allow 10 each mine
rs fsir and 1rst proportion OF the coal cars esl
rzed or IFS 5uetly asce-tained capacity ana VIII
OF regard 70 whether the mine furnished party
'o+l cos- and partly commercial coal OF CONNER
@ coal only
The co-~--tssio, further decided that carriers
t-oud publish or post for convenient inspection a.
frequent and regular intervals the rating OF 'fie
various mines ana the tonnage receFeo % 'i-'
WITHIN TIE PERIOD covered BY the report !"
where commercial mines have received more OF less
tsn .be5- e--,f.arIA r,ro rata OF the car tonnage
o--ag e-y particular period the overplus or hoi'-
sge Tor such mines should he adjusted as Tar as
Possible within the period next succeeding an
such Correction should be shown IN the subsequent
reports
L the second decision. that % Glenn " ITaer
receiver % the Illinois Galleries Company az lllS'
tos Chicago & Alton Railroad Company, the same
connplai1aut against the Chicago, Peoria d u
-1ous Railway Company OF Illinois ano the saiiio
englstEar, against the Illinois Central 1tal4foaN
company, rendered by Commissioner C4Arh' Inc
Commission held that fuel IS necessary ana essen
"a . the operation Of railroad and the I'sIi'
V carrier 20 contract for the purchase q rs
--e supply with one mine with q number u
Hlnes must De conceded: but if a carrier ana
I-ne owner make a contract for the fuel supply o.
ne carrier which does Violence 10 the act 70 TeSu-
a1e Commerce or 70 the decisions Of the court or
: opposed 10 public policy they are IN no betleI
POSITION thar the parties 20 any other contract
i-eh Violates the legal principle relating 'leIe'o-
carrier cannot inject ilegalties in such cohLia0'
tna have It upheld on the ground OF competing
aeceSsity
=. = IAese cases the commission Is O 'Lie 'I'
--ei as TO privately owned or leased cars anu
.As Foreign railway fuel cars the rule lad oo"l
y We commission n the railroad commission Vi
- OHIO case should apply. and that cars useo 10y
-shnoants on their own lines for transportation u
LEI own necessary fuel supply may De given ~
81 Numbers 70 the mine or mines from winch snch
-aa hupply Is received but II such mine or mines
hnip commercial coal the fuel cars 50 suPp'4eN
LAX De counted xgainst the mine or uAfnes.