Daily press. [volume] (Newport News, Va.) 1896-current, 1909-04-21
JudQe Golf In Federal Court Issues
Order Preventing Increase
to Lake Ports.
FIRST GUN N BITTER RATE FIGHT
!. Cabin Creek consol'.
dated Coal company-AIIeged That
Raise Inte,d as First Step To
ward Monopoly-Present Rates A.
serted to Be Fair and Reasonable.

RICHMOND, VA. April 2o.-On the
petition of the Cabin Creek COnsoii'
dated Coal Company. OF kanawha
! county. West Virginia. Judg" Con. OF
TIN, United States Circuit Court OF
ApLcals this morning issued an IN
junction restraining the tncsopeake
and Ohio railroad from filing schedule
with the Interstate Commerce Com
mission. increaS re the rate on coai
shipped from the New River 10 IA
nawha districts cf West Virginia TO
lake norts. In the injl;rc;ion Judge
GoT sa,s: "UnlCsH III" defendant De
rr:traincl from f,i,ng this schcduie
with the Interstate Commerce Com
mission. which it will do ut once,
irreparable injury may result.
Rate War Looms Up.
The bill filed by Brown Jackson
and Knight, counsel for the Cabin
Creek Consolidated Coal Company.
was the first gun fired In what prom
iscs. it is stated. to be bitter rate
fight between the coal districts oil
Eastern Ohio and Western PenDsyI'
| sonia and the West Virginia shei Ia.
and the railroads connecting West
Virginia ard Pennsylvania and East
ern Ohio with the lake ports. the
iip function issued this morning by
Judge Con Ia the first victory for the
| Wet Virginians.
It Is charged in the hill filed with
Judgc Gof that tho coal Operators IN
Eastern Ohio AMI Western Pennsyi-
! vania are attempting. by forcing the
| rates from the kanawha and New
| River districts to lake ports beyond
the hone of competition. to establish
a monopoly on lake coal operations.
| The Eastern Ohio and Western Penn
svlvania operators already own docks
and wharyes around the lakes as they
are attempting to do. they will shut
the West Virginia operators out Of
the field entirely.
Advantage in Lake Trade.
The bill shows that with the pres
| ent rate on lake cool the Eastern OHIO
| and Pennsylvania districts have the
advantage of O. rate which enables
them to reach lake ports for twelve
cents ton less than the Kanawha
district and twenty-seven cents ton
less than the> New River district. In
spite CO this advantage. however. It
is charged tina; after repeated consul
! tstions between the of1cials OF the
PENNSYLVANIA ond the Wheeling and
| Lake Erie railroads. 1t was decided to
| raise the rate for the West Virginia
oDeratorg. Before the new schedule
was fled with the Interstate Com
mcrce Commission. however. the bill
of complaint was fled and the iniunc-
ton was issued.
Step Toward Monopoly. z
| To show that the raise in rates
| wos merely step to establish mo-
noEolv on lake coal. the bill states
that the Cincinnati. Hamilton and
DAYTON road. the connecting link OF
the Chesapeake and Ohio with lake
ports. did not ask for on increased
| rate nor did the other roads ask for
decreased rate for their coal, but for
an increased rate for West Virginia
coal .
n Is set forth In the bin that the
VI t Virginia mines have. in the
face Of the lower rate for Ohio and
! Pennsylvania coal. established a trade
which last wear amounted to ]. sS".ovo
tons Of rns! for lake Ports. This trade
| was made possible ONLY after there
had been a tremendous outlay ~
| money for plants. opening mines. M
| creased forces. and all ether i.ems
min operations Already the West
Virginia mines were shipping all the
coal To the scahoafd that t-c sea
jIsard wanted and this lake trade was
an ad lition for which Tremendous
ou,Iays If money were Required. "
| the increased rate II allowed 10 20
into effect eyery cert NJ profit VIII
he cut from Iatr coal hirmeufs and
every ton ~ coal sent from West vir-
gina coal mines o" the lake po%ts VIII
H. shippci at q los. Already the
Chin Greek Company alone has COS
tractod 10 dcIivcf Go!ooo tons of cuoi
in Trl.Jo during the comiug season
and wru'd have coafrsrfcd tn deliver
I.oS"o which was the amouut shipped
to lake 'lrrts IIs' year.
Esit; ..stes Reasonable.
rny'cW. they sh'rm. ~ The fart that
/ the cxistiug rate had b~cn proved To
| bc fair and rcasnnabir and that Moth
Il