The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1914-10-07
Unusual Case.

a very unusual case was
heard here on Thursday last
before the Federal Court, unu-
sual in the makeup of the
Court. in the personel of the
counsel, in the Importance of
the matter of the coal fields of
Virginia, and in the novelty of
the issues. The Court was com.
posed of Circuit Judges j. G.
Pritchard and G. a. Wood,
and District Judge Henry Nc.
Dowell. Ex-Governor JOS. W.
Folk and Mr.. r.. II. Hart, of
Washington, represented the
Interstate Commerce Commits
sion. MIR. Black burn Estcrline.
Special Assistant to the Attor-
ney General, represented the
interest of the United States.
Messrs. Helm Bruce and w. 4.
Colston, of Louisville, Ky, rep
resented the Louisville 4 Nash
willie Railroad Co, Mr.. w. a.
Glasgow, Jr., OF Philadelphia,
Pa. and MIR. J. f. Bullitt of this
place. represented the Stonega
Coke and Coal Co. and Black
wood Coal and Coke Co. and
Mr.. Il. L. Irvine, of this place,
represented the Black Noun
tain Company and other opera
tors IN the st. Charles field.
/ Briefly stated, the matter in
volvcd was this; In 1911 the
Louisville x Nashville Rail
road Company filed tariffs on
coal and coke moving from the
Virginia fields to points North
of the Ohio River, by which
they undertook to Increase the
rates on coal and coke from 2jc
TO DOC per ton. The Stonega
Coke and Coal Company and
others made complaint TO the
Interstate Commerce Commits
sion and the Commission sus-
pended the rates aud ordered an
investigation. Weeks an ii
months of time were spent in
taking proof aud the case was
finally decided by the Commits
sion nearly two years ago, their
decision being IN favor of the
coal operators, and prohibiting
the Louisville u Nashville Rail
road Company from increasing
the rates. Shortly after this
decision the Louisville ~ Nash
vile Railroad Company filed
certain tariffs applying TO rates
on coal operations in the Jelli.
co, Middlesboro, Pineville and
Harlan Districts, in Kentucky
by which they undertook TO re-
duce tho rates from 25c to SOC
lower than the rates from the
Virginia fields. In other words
not having been allowed to in
crease the rates from the Nir
ginia fields they sought to give
preference TO the kentucky
fields by lowering the rates
from the Kentucky fields. Mr..
h. Il. Irvine, on behalf of the
Black Mountaia Coal Land Co
and II number of st. Charles
operators interviewed in this last
named case, and after Il fulI
hearing the commission allow.
ed the Railroad Company tc
decrease slightly some of its
rates from the kentucky field
but prohibiting them from de
creasing the rates to the extent
that they wished.
The present suit is IA suit by
the Louisville * Nashville Rail.
; road co mp any nominaliy
against the United States at
defendant in which they seek
To have the Federal Court sci
aside and annul the orders oil
the Interstate Commerce Com
mission IN both of the abov,
5 cases. The Virginia operator.
claim that if the Railroad Com
pany is successful, and if tn,
orders of the Commission ar,
annulled, and the excessiv,
rates proposed by the l.. 4 n
become effective that they vii
not be able to ship a ton of Goa
: from this region over the l.. &
, n. TO Northwest territory, an,
that their operations will b,
) greatly crippled thereby. TIL
l is the first suit of the kind tina
, has ever been brought in thi