The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-19
GOAL GAR CASE
NOW WITH COURT
Argued at Length During Pas,
Two Days, and Submitted Yes
terday Afternoon.
DECISION VERY IMPORTANT
Independents Declare Future of
Business Depends on Result
OF Appeal.
DECISION VERY IMPORTANT

what is regarded by LAWYERS and
Shippers as perhaps the most in,nnr,
AM case heard In Richmond In recent
years mas been argued during the nast
Two days IN the United States Circuit
Court of Appeals. and was subn,itta,i
lato yesterday afternoon.
commonly known as tho Pitcairn
cas- II came up from the United state.
Circuit Court of Baltimore m annaa1
OF the Baltimore and Ohio Ralirnad
Company. the Fairmont Coal Con,nanv
ana others from a decision in favor Of
tne pitcairn Coal Company. The suiv
AFFECTS the rights of owners or nriv.ts
cars, and the decision OF the court
which will have an important bearing
on one of the most vexing problems
OF interstate commerce, Is being await.
ed with much interest.
History OF Case.
Pitcairn and other independent coal
operators in West Virginia brought ac-
ton against the Baltimore and Ohio
Railroad. alleging discrimination in the
distribution OF freight cars.
In preliminary opinion, written by
Judge Pritchard some weeks ago, in a
case which was an outgrowth of the
Pitcairn case, the court held that the
institution of proceedings in the United
states courts did not exclude any other
remedy provided by the interstate COM
merce act
The appeal of the railroad company
therefore is now before the court on
It's merits. An opinion will In all prob
ability not be handed down until the
May term. as the record and briefs
flied are voluulinous.
In their bill the independents make
the general accusation that the Balti-
more and Ohio Railroad Company dis
criminated against them in the distri-
G,,sg A,, lf,T ia 40 nd IL,
OF and for the benefit of the Fairmont
Coal Company. the Somerset Coal Com
pany and the Consolidated Goa Com
pany, the latter being the parent of the
alleged combination. which came under
the control of the Baltimore and Ohio
Railroad many years ago. This al
legged discrimination was held to be
productive of immense profit to the So
called trust. but inflicted great losses
upon the independents.
The court was asked to direct that
the railroad company cease to discrim-
mate in favor of the Consolidated Coal
Company; to require that all coal cars
owned by coal companies commonly
known as private or individual car lines,
be included in the equipment OF the rail
road. and be counted as among the cars
available for distribution on percent
age plan. according to the rating os
the respective mines, and that so-called
foreign fuel cars be placed on precisely
the same footing as the private car.
Foreign cars are those cars which are
owned by other railroads, and sent upon
the line OF the Baltimore and Ohio to
be loaded with coal for use in the en-
glnes of the owners.
Much Depends on 1t.
After trial lasting several weeks,
In which some of the most prominent
lawyers of the East took part Judge
Morris decided that the railroad COM
pany must distribute the private or in
dividual cars on the percentage plan:
and that though the owners OF sucf
cars are entitled to their use, they
must be charged against the allotment
OF the mines receiving them. The Bal
timore and Ohio Company appealed, nj
ing a bond of s350.ooo. The independ-
emit coal operators claim that upon the
final decision hangs the future OF the
bituminous coal business OF both Mary
land and West Virginia.
Will Speak Before Veterans.