| Show sania fc railroad is arraigned washington feb 3 flagrant wilful and continuous violations of the law during the past five years ia the way in which the santa fe railroad company is arraigned in a decision promulgated mul gated today by the interstate commerce commission in transportation of coal and mine supplies involving also the colorado fuel and iron company the main points of the decision summarizing mar izing the way in which it ia alleged tho law has been violated and disregarded are as follows the act to regulate commerce requires carriers to publish and adhere to their tariffs the santa fe has for the last five denra wilfully and continuously violated this provision of the law la the respects above stated february 19 1903 the so called el bill was enacted providing that carriers should in no case transport traffic until a tariff has been published and that the published tariff should be observed and providing a penalty of not less than 1000 nor more than 20 for each offense the provisions of this statute extend both to the railway company which grants and tho party which receives the concessions both the santa fe and the colorado fuel abid iron company systematically and continuously violated the provisions of that act in the particulars mentioned from the day of its passage down to nov 27 1904 when the tariffs under which this coal moved were reduced in all cases it would seem that tho el faso and southwestern railroad was also in violation of the same during that period but that company was not a party to this proceeding and has not been heard jt should be further observed that oa march 25 the united states cir auit court in a suit begun at the instance aej request of the interstate commerce commission enjoined the atchison topeka and santa fe to ob in all respects its published schedules of rates that company from the date of this injunction down to nov 27 was apparently in continuous disregard of that order of court in ltv failure to maintain these coal tariffs the alleged infractions of the law were to the attention of alio commission by tho claim of the caledonia company operating a mine at gallun N M that the santa fe was discriminating against it in favor of the colorado fuel and iron company A contract of the santa fe with the caledonia company expired in 1898 or 1899 aad was not renewed and when it was attempted to find a market for its steam elzea of coal it Is charged it ascertained apparently that coal both from trinidad and mines at gallup was being supplied at a price which about equalled equal led the freight rate alone from the point of production to destination ahe says that no other individual could do business in competition with the colorado fuel and iron company in this field unless he enjoyed the same freight advantages that when other individuals endeavored to mako contracts in competition with the colorado fuel and iron company thoy were compelled to pay the published rate and were therefore unable to furnish tho coal and that under this arrangement the santa fe company and tho colorado fuel and iron company virtually entered into a partnership in alio handling of this coal in ahe execution of which the published schedules of tho santa fc were utterly |
