New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-22
Victory for Independents in De-
cision of Commerce Commits
sion Against the LaCka-
wanna Railroad.
TRIBUNE CRUSADE TELLS
Reasonable Schedule for Trans
portation of Anthracite to New
Jersey Points Ordered
Marian Coal Go. to Get
Reparation.
From The Tribune Bureau


ing the crusade Of The Tribune for re-
adjustment Of freight rates imposed by
the railroads monopolizing the anthra-
cite market came to-day, when the
Interstate Commerce Commission an
nounced its decision in the complaint Of
the Marian Coal Company against the
Delaware, Lackawanna & Western Rail-
road Company
Holding that the present rates are Eek
cessive and unreasonable" the commits
sion ordered the defendant to put into
effect before August Is q reasonable
schedule for the transportation Of an
thracite from Taylor. Penn, where the
washeries Of the petitioner are located,
TO Hoboken, n. j., or the New York
lighterage station, in New Jersey a sub
stantial decrease being directed In the
order
Reparation Of So, 23o q was asked by
the complainant for the imposition Of al
legged excessive rates on numerous car
load shipments, but no conclusion as TO
the amount Of the award was announced
to-day, the question being reserved for
determination in a supplemental report
by the commission 1t was declared that
the complainant is entitled 10 repara-
ton upon the basis Of the rates found
reasonable"
Calls Rates Unreasonable.
In the opinion, which was written by
Commissioner B. H. Meyer, the commits
sion found
That the rates Of defendant, long ton
on anthracite coal in carloads from Tay-
!G5 Penn Ngb;.r to % H CHICKEN T. T. or NeE
vessel Of 81 IS on prepared sizes, 81 43 on
pea and 81 Is on Duckwheat are, excessive
and unreasonable in and 10 the extent
SA on pea and 81 % on buckwheat, and
that in the future the latter rates must
not be exceeded for such movement
The Marian Coal Company is engaged
in the business Of cleaning, preparing,
shipping and selling that character of
anthracite known in the trade as wash
ery' coal, retaining from the refuse dis
carded in the early history Of anthracite
mining the small pieces which formerly
were not marketable, but which are now
valuable, especially for steaming pur-
poses, owing 10 the improved methods Of
preparation and draft CRATES. The wash
cry Of the company is located at Tay-
Tor. Lackawanna County, Penn. about
twenty-five hundred feet from the
Bloomsbury division OF the defendants
line.
The company averred in its petition to
the commission that by reason Of the
conditions imposed by the defendant the
complainant is subjected TO unjust con-
ditions Of competition" Various charges
relative to the tactics used by the rail-
road company in its alleged conspiracy
TO crush competition were made by the
considered in another report to be made
by the commission.
Charges Against the Trust.
Some Of the accusations made by the
petitioner are pertinent to the general in
quiry ordered this week by the Inter
state Commerce Commission, one being
that the defendant is affiliated with the
so-called coal trust. A few CT these
charges are:
That competitors associated with the
trust enjoy lesser rates.
That favored" shippers are charged
rates whereby they can make a profit.
That the defendant routes tho ship
rnents Of the complainant over wholly
unnecessarily long routes, thus securing
unreasonable freight charges.
That the defendant refuses TO make
public the rates charged to all shippers
That the defendant deliberately built
dSrns" TO divert stream from the COM
planant's washeries, enptyins tho
stream into mine.
That tho defendant wiIfuIIy ignored a
fire in it's cuIrn banks which destroyed
$4,000 tons Of the compIainants material.
That monopoly is maintained
Through the device Of the Temple Iron
Company tho directors Of which are tho
presidents of railroads constituting the
coal trust"
Collateral Issues Delayed.
In regard TO these allegations Commits
sioner Meyer says:
The complaint contains numerous al
legations not connected with the rate All
of them relate 10 the manner Of conduct
Of the carriers business In certain re-
spects. The commission is charged With
the duty OF keeping itself informed with
respect TO the manner in which this bust
ness is conducted; and therefore this re-
port might we'll devote attention 10 such
matters However the petitioner is pri-
marily interested in the rates in question
and we are disposing OF that feature of it's
complaint az this time 10 avoid the de-
Law which a fair consideration Of the col
lateral issues might necessitate. The eX-
tent TO which, If any such collateral is
sues will be dealt with In a forml report
is matter for future determination.
Another petition directed against the
defendant and other carriers to estab-
fish through rates and Joint rates from
Taylor TO specified points without the
State Of Pennsylvania was held in abey
ance by the commission. Both COM
plants were being heard together, but
before the hearing was concluded It was
announced that certain defendants would
establish through rates and joint rates
in connection with the Delaware, Lacka-
wanna e. Western Railroad Company
and the proceedings were discontinued.
Relative TO this case Commissioner
Meyer states:
II appears that only two Of the defend
ants. the Central Railroad OF New jersey
and the PENNSYLVANIA Railroad, have pub