The Washington times., 1908-03-06
Western Maryland Rail-
roads Explanation
Brings Out Heat
ed Reply.
No Agreement With
Roads Regarding Coal
Mine Divorce
Provision.

The charge that the reCeiVership OF
the Western Maryland railroad was ne
eessitated bee fuse Of the law requiring
railroads owning coal properties 20 dis
pose Of them today, drew from the IN
terstate Commerce Commission. through
one Of its officials. warm retOrt.
There would be fewer receiverships
Of railroads" said this official. IF
courts were forbidden, as they should
be, to name OFFICIALS OF railroads as
receivers The International ana Great
Northern went into the hands or d re-
ceiver the other day. not because there
was real need, hut because 1t didn't
want to make certain improvements de
manded by the Texas commission. That
was a Could road, and one OF las of-
fcials was made receiver. Now the
Western Maryland has its president
named as receiver, and charges II TO the
operations of the coal mlne-rallrOad dl-
VOrce provision. 1 don't think there
was any good reason for the receiver
ship or that II would have taken
place If the law provided that officers
should not be named as receivers.
Gives Laugh to Creditors.
The seaboard Air Line went into a
receivers hands, not because there was
real occasion. but apparently because
two factions thought it the best way
and the president was named as one Of
the receivers. 50 in the case Of the Chi
caEo Great Western. It's all wrong. and
should be stopped by law. A receiver
ship is a means Of giving the laugh 70
creditors; then they blame It on the
laws.
The Baltimore and Ohio found means
TO dispose OF Its coal properties lmme-
diately after the law passed. me
louisville and Nashville did the same.
and so have some other roads Now
some of the lines that have not done
this are asking that q case De made up
in court 10 test the law. ana the De
pertinent Of Justice is looking into the
matter"
Il is learned that Attorney General
IOnapaTle has engaged l.. Allison VIII
amer. Baltimore lawyer, as special
counsel 10 investigate this matter OF
dealing with the coal roads. The law
requiring separation goes into effect
May J. and the railroads have been
anxious that a case be prepared which
would raise all the questions as TO the
laws cOEsL Itutionality which some or
them deny. Mr.. Wilmer has been work
ing with The Interstate Commerce
Commission the last fortnight, and at
the Department of Justice, getting
familiar witlr,the situation, preparatory
10 reporting 10 the Attorney General a
recommendation as 10 the course Wnlch
ought 20 be pRTsued.
No Agreement With Roads.
Attorney General Bonaparte. however,
To-Day dissipated any impression that
The appointment of the Western Mary
land receiver is purt Of an amicabIe IN
Outstanding between the Government
and coal-carrylng railroads to get an
early ruling upon the COnstitutiunaiity
of the commodity clause Of the Hep
burn acr. or that the action taken by
the Gould line will give II any advant-
age over its competitors in evading the
-aw.
He announced that no final agreement
had been reached by the Department
of Justice and interested railroads.
1t is said at the Department of JUS
tice that the Government has no in
tention OF dealing haTshly in this mat
ter with the coal--carrying roads In
due time the department expects 20
proceed to secure enforcement OF the
law and Il has been advised that it
viii be aided by the railroads inter
ested, as they are anxious that there
shall be no undue prosecution pending
an early decision by The Supreme Court.