Note 192 — Chapter XIX · THE COLORADO FUEL REBATES AND OTHER CASES.

Mr. Biddle testified that the same thing had been done for other coal companies, and in one instance at least it was shown that it had been done for the Victor Fuel Company, but in this case “the price of the coal and the rate of freight were kept entirely separate, the price of coal being treated in the nature of an advance charge.” The Commission says further “If the Colorado Fuel and Iron Company had in all cases paid the published tariff rate which was exacted from other shippers, the fact that the price of the coal and the freight were included in a single item would have worked no practical advantage to that company so far as we can see. Neither, apparently, would there have been any reason for this arrangement if the purpose of the parties had been honest. If, however, there existed upon the part of the Santa Fe Company an intent to charge the Colorado Fuel and Iron Company less for the transportation of its coal than the published rate, it is evident that this method of billing would afford a ready means for concealing the transaction. In point of fact, during the entire period covered by this investigation (July 1899 to Nov. 27, 1904) the Santa Fe Company did transport coal for the Colorado Fuel and Iron Company for less than its open tariff rates, and these concessions amounted in many cases to the price of the coal itself.” (10 I. C. C. Decis. 482, Feb. 1905.)