Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-12-03
COAL REBATES
PROPER, SAYS
c. R. R. LAWYER
Federal Indictment Charges An
swered by Attorney for
Railway.
sneolal to the Evening Star.

Special to the Evening star
NEW YORK. Dec. al. e. Reyn-
alds. general counsel for the Central
Railroad of New Jersey. says that the
anthracite rebates. Tor which the road
has been indicted in the Federal Court
at Newark, are regular and proper
have been given in accordance with a
lease in effect more than forty-three
years and have been published IN
every tariff issued by the road IN the
last eight years.
Mr.. Reynolds said.
so far as / understand the nature
of the case, il seeks to test IN a erlIn-
inal proceeding the propriety OF d
provision in this companys anthracite
coal tariffs. That provision reads as
follows.
In compliance with the tenth COW
enant of the lease from the Lehigh
Coal and Navigation Company, under
which the Central Railroad Company
of New jersey operates the Lehigh
and Susquehanna railroad, q lateral
allowances is made out Of herein
named rates to the Lehigh Coal and
Navigation Company on all anthracite
coal originating on the latter'S tracks
in the Panther Creek Nesquehonin"
and Hacklebarnie districts mined and
shipped by 1t when coming via the
Hauto, Nesquehoning and Mauch
Chunk gateways
Ever since the amendment of the
Federal statutes in 1906 requiring the
railroads TO publish the fact in their
tariffs If any allowances were made
to shippers. all of this company's an
thrscite coal tariffs have contained
Lis notice to the public. During the
ght Intervening years since that first
raiff publication thousands of these
tariffs have been in the hands Of the
public, and of course. all shippers Of
anthracite coal There has never been
the slightest coneealment OF the fact
that such allowances were made in
compliance with the lease referred to
IN the tariff
During this same period and in
compliance with the statutes, these
tariffs have been filed repeatedly with
the Interstate Commerce Commission.
so that it also has been fully informed
of the fact that such allowances were
paid. Never during these past eight
years has the Interstate Commerce
Commission rejected any OF these tar
ifs as being in any manner improper
in form or substance.
1T will be noted that the tariff re-
fers to a lease Of March 81 1871. from
the Lehigh Coal and Navigation Com
pany to the Central Railroad Com
pany of New Jersey Of a railroad
called the Lehigh and Susquehanna
railroad That is the railroad be-
tween the anthracite coal mines in
Pennsylvania and the Jersey Centrafs
rails at Phillipshurg, New Jersey. over
which all the anthracite coal traffic
of the Jersey Central is moved. As
stated in all these tariffs the lease
itself Is Of public record in the coun-
ties through which this railroad runs
and in which the anthracite coal ship
pers along the road reside
when the Lehish Coal Navigation
Company leased this railroad to the
Jersey Central one OF the considera-
tions for its so doing was the tenth
covenant referred to in the tariffs.
The Interpretation put upon this coy
epant for generations has been that
axfider il the Lehigh Coal and Naviga-
don Company was entitled to these
so-called lateral allowances as lessor
OF the Lehigh and Susquehanna rail-
road