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UNITED STATES DISTRICT COURT RULES
AGAINST H. C. FRICK COKE COMPANY.
Judge Charles P. Orr in the ITnited States dis­
trict court at Pittsburgh April 20, rendered an
opinion in favor of the plaintiffs in the equity
proceedings of Roy A. Rainey, Paul J. Rainey
and Grace Rainey Rogers, of New York, against
the H. C. Frick Coke Co. The suit was filed to
secure a partition of the interests of the plain­
tiffs held in common in coal and coke property
with the H. C. Frick Coke Co. There are 600
acres involved and estimated to be worth more
than $600,000, representing a one-third interest
held by the plaintiffs.
In the bill filed it is set forth by the plaintiffs
they desire their one-third interest in the iirop­
erty set aside as an entirety without division
among themselves. They also state the present
ownership by the defendant of the remaining two-
thirds interest is inconvenient to the plaintiff and
the plaintiff has lien unable to secure a partition
of their interest from the defendant.
William J. Rainey, the testator, died in 1900.
In his will his wife, Eleanor Beaty Rainey, William
T. Rainey, Grace M. Rainey, Roy A. Rainey
and Paul J. Rainey, his children, are named as
the trustees of the estate, the* net income of
which is to go to those named as trustees, one-
fifth to each. A bill which had for its purpose
the same object as the present bill was filed by
the testator in 1S95, but his death prevented its
being proceeded with. William T. Rainey died
August 13, 1904, and the widow of the testator
died February 24, 1905.
The court says it is its opinion that there is
nothing to prevent the plaintiffs from holding in
common the interests in dispute if deeded to the
plaintiff's by the defendant and that the plaintiffs
have a right to make the choice which they do
in the bill filed.
IDLE CARS SHOW DECIDED INCREASE.
The report of the American Railway Association
issued April 22, shows the ear surplussages
and shortages to be
Surplussages—
April 15, 1914 213,324
April 1, 1914 141.525
April 15, 1913 70,715
Shortages—
April 15, 1914 455
April 1, 1914 2,013
April 15, 1913 13,217
This shows a total surplussage of 212,809 on
April 15, as compared with 139,512 April 1, and
57,498 April 15, 1913.
THE COAL TRADE BULLETIN. 23
BOND ISSUE IS VOID.
Bonds to the amount of $500,000, issued by the
Dayton Coal & Iron Co., and held by banks in
Scotland, were declared illegal and void, in a decision
by Chancellor V. C. Allen at Dayton, Tenn.,
April 22. If this decision stands it means that the
entire assets of the company will be left to satisfy
the claims of creditors, who hold general claims
amounting to approximately $1,000,000. Freed of
the $500,000 bonded indebtedness, the company
now may be reorganized and operations resumed,
in the opinion of attorneys.
The Dayton Coal _.* Iron Co. was owned by Wat­
son & Co. of Scotland. Ten-year bonds for $500,000
were issued about ten years ago. They are held
by the Bank of Scotland and the Commercial Bank
of Scotland, with the Central Trust Co. of New-
York as trustee. About one year ago Watson &
Co. failed and the Dayton Coal & Iron Co. was
caught in the crash.
Shortly after the failure of Watson & Co. bank­
ruptcy proceedings were instituted against the
Dayton Coal & Iron Co. by creditors to satisfy
claims amounting to about $1,000,000. This was
followed by a cross bill filed by the Central Trust
Co. of New York representing the bondholders,
seeking to make their claims of prior right. In
his decision the chancellor held the mortgage securing
the bond issue to be fraudulent and made
for the purpose of securing the company against
such an emergency as occurred when the failure
of Watson & Co. came.
ACCIDENTS DECREASE IN PENNSYLVANIA
A statement issued by the Pennsylvania State
Department of Mines shows that the fatal accidents
in and about the bituminous coal mines
for the three months ending March 31, 1914, num­
bered 108 as against 120 for the same period in
1913. The inside accidents numbered 98, as
against 112 and the accidents on the surface 10,
as against 14.
Of the 98 killed inside during 1914, 50 were
killed by falls, 24 by mine cars, 5 by suffocation
from gas, 1 by explosives, 2 by premature blasts,
2 by failing into shafts and slopes and S by miscellaneous
causes.
In 1913, 75 were killed by falls, 24 by cars, 3
by explosives, 1 by a blast and 9 by miscellaneous
causes.
During 1914 the inside fatal accidents were 14
less than in 1913. The accidents on the surface
were 4 less in number.
The John R. Barnes Coal Co., Chattanooga,
Tenn., has changed its name to the Kentucky-
Tennessee Coal Co., and has increased its capital
from $50,000 to $100,000.