Abstracts of Current Decisions on Mines and Mining: October to December, 1915 Page: 69
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INTERSTATE COMMERCE.
TRANSPORTATION OF COAL-COMPETITION AND RATES.
Competition for carriage of the same anthracite coal does not
usually exist, as each carrying company has its own tributary mines,
and because of topographical conditions these are not reached by any
other carrier. The coal is mined and brought to the surface and
prepared for market at the mines, and is there loaded upon the cars of
the carrier that serves the particular mine, and is then sent forward
either to its ultimate destination or to barges that complete the
carriage when water transportation is necessary or desirable. Accord-
ingly, the competition is in the markets, and it would be idle for one
carrier to attempt to interfere with the traffic of a rival. While
carriers might combine to fix rates at an oppressive sum, yet in the
absence of such a charge the question whether a rate is exorbitant is
to be determined by the Interstate Commerce Commission and not
by the courts.
United States v. Reading Co., 226 Federal, 229, p. 263.
LEASE AND LIMITATIONS ON SHIPMENT OF COAL-UNLAWFUL
RESTRICTIONS.
A lease provided that a certain railroad should pay as rental one-
third of the gross receipts of another railroad company and provided
that all the coal mined by a certain-named mining company on its
own lands should be sent to market over the roads of the two railroad
companies named, "when destined to points or markets reached by
said roads; and, when destined for markets not so reached, it shall
be sent as far as practicable over the said road." But this covenant
in the lease did not apply to one-fourth of the coal mined by the
mining company in a particular-named region and this might be
sent to any market not reached by railroad lines running in a certain
direction and to certain markets. The provisions of the lease were
subsequently modified to the effect that when one-third of the gross
receipts should fall short of a certain stipulated amount, the lessee
should make up the deficiency; but when one-third of such gross
receipts should exceed another and a larger stated sum, then the
coal company should relinquish any claim to the excess. Still later
69
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Thompson, J. W. Abstracts of Current Decisions on Mines and Mining: October to December, 1915, report, 1916; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc12324/m1/79/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.