Indiana County, Pennsylvania, her people, past and present, Volume I, Part 86

Author: Stewart, Joshua Thompson, 1862- comp
Publication date: 1913
Publisher: Chicago, J. H. Beers & co.
Number of Pages: 930

USA > Pennsylvania > Indiana County > Indiana County, Pennsylvania, her people, past and present, Volume I > Part 86

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442

HISTORY OF INDIANA COUNTY, PENNSYLVANIA

which these cases were handled in a great various officers of the Pennsylvania Railroad fight for a righteous cause.

Company, that in 1905 suits were begun be- fore the Interstate Commerce Commission of the United States and the State courts of Pennsylvania, which culminated in one of the They opened mines Nos. 2, 3, 4, 5, 6 and had fiercest legal battles of the present day, re- sulting in victory March 7, 1910, when the Interstate Commerce Commission handed down an opinion condemning the rules and regulations under which the Pennsylvania Railroad Company distributed its available coal car equipment. Because of the import- ance of this decision to the coal industry of Indiana connty, the State of Pennsylvania

The Glenwood Coal Company began open- ing the mines here in May, 1889, and shipped the first car of coal on October 21, 1889. at one time a daily output aggregate of 2,000 tons. All these mines were located at Glen Campbell, Pa., employing 450 to 500 men. The seam worked is known as "C Prime." The output was shipped to New England and Eastern markets over the Pennsylvania railroad. Mines 2, 3, 4, 5 and 6 have since finished and are worked out, and the com- pany are now operating what is known as No. and the entire country, wherever coal is pro- 61/2 mine, in the "E" vein, having an out- duced, we have obtained permission from the Hillsdale Coal & Coke Company to quote from this opinion the following : put of 300 tons daily, employing about sev- enty-five men.

The Hillsdale Coal & Coke Company was organized under the laws of Pennsylvania November 26, 1902, by H. E. Clark, J. D. Ake, S. H. Hicks and J. O. Clark, their gen- eral office being located at Glen Campbell, Pa., with an authorized capital of $50,000, which capital was increased October 28, 1903, from $50,000 to $150,000. The officers of this company were: S. H. Hicks, president ; J. D. Ake, vice president; J. O. Clark, secre- tary and treasurer. The directors were: H. E. Clark, S. H. Hicks, J. D. Ake, J. O. Clark. Upon the death of S. H. Hicks, which oc- curred in the latter part of 1908. Mr. J. D. Ake was chosen president of the company, which position he has occupied up to the present writing.

This company owned two operations on the Pennsylvania railroad lines and had a capacity exceeding one thousand gross tons per day. Owing to discrimination practiced against it by the Pennsylvania Railroad Com- pany in the rating of its mines and car sup- ply, it was able to ship but a small portion of its daily output capacity. It is a well- known fact among coal operators and others identified with the bituminous industry of Pennsylvania that during the years 1902 to 1907 and prior thereto there were certain favored operators, who, during periods of stress, shortage of cars, etc., when high prices prevailed, received a greater rating and a larger percentage of cars than they were en- titled to, which created general dissatisfac- tion and ill feeling by the independent oper- ators toward the railroad company. This condition of affairs became so serious with the Hillsdale Company, notwithstanding their vigorous protests made in personal interviews a basis of distribution can have but one ten- and voluminous correspondence with the dency, and that is, not only to steadily in-

"Upon all the facts shown of record the Commission therefore finds that throughout the period of the action the system upon which the defendant distributed its available coal-car equipment, including system fuel cars, foreign railway fuel cars, and individual or private cars, has subjected the complainant to an undue and unlawful discrimination." In this connection an important disclosure is made in a letter of record here, addressed to the president of the Clark Bros. Coal Min- ing Company under date of March 6th, 1907, by the general superintendent of coal trans- portation of the defendant company. It is there stated that the distribution of coal cars on the lines of the defendant on that date was as follows:

Percent

System cars for company coal 21

Foreign cars for supply coal. 6

Individual cars 45

System cars for commercial coal. 25

Foreign cars for commercial coal 3

Total 100

"This condition of affairs emphasizes the inequity of a system of distribution that first deducts from the rated capacity of a mine the tonnage represented by the capacity of the cars specially assigned to it and then uses the remainder as a new basis for determining the proportion of unassigned cars that the mine is to have. The figures above given show that 72 per cent of all the cars available on the lines of the defendant on the date men- tioned were assigned cars, and but 28 per cent were unassigned cars. Manifestly such

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HISTORY OF INDIANA COUNTY, PENNSYLVANIA

crease the physical capacity of the mines that

was unable to ship a ton of its output. If regularly receive this large percentage of as- inequitable car distribution rules can be held signed cars, but also steadily increase their discriminatory and the Commission so finds, commercial capacity, an advantage which the how can we look with greater benignity upon mines having the benefit of no assigned cars

the absolute refusal of the defendant to serve obviously can not enjoy. With such a large one shipper while transportation facilities percentage of assigned cars it cannot be are freely accorded to his competitors? In my opinion the spiking of the complainant's switch by the Pennsylvania Railroad Com- pany constitutes unlawful discrimination in its vicious aspect. doubted that the equipment furnished to some of these mines was sufficient to approxi- mate their ratings, while the small percent- age of unassigned cars makes it equally clear that the mines having no other cars must have fallen substantially short of their ratings.

"We further find that the continuance of that system of distribution for the future would be unlawful on the same grounds."

By Commissioner Prouty : "The delays and expenses of the law are proverbial. Es- ing system fuel cars, foreign railroad fuel cars, pecially is this true where the defendant is a railroad company with unlimited resources. It is notorious that shippers forego claims which they believe to be just rather than ineur the cost and annoyance of attempting to enforce them by law. One cardinal pur- pose of the act to regulate commerce was to provide a speedy and inexpensive method by which the shipper could obtain relief in such cases. My own observation is that, to an ex- tent, this expectation of the framers of the act have been realized. The complainant does ordinarily obtain his order for damages with less delay and outlay than in court, and the railroad generally pays the award. The complainant claims to have been damaged by more than $100.000 through the discrimina- tion which we have found to exist, and its evidence tends strongly to support that claim. A material part of these damages never can be recovered unless awarded in this proceed- ing, and that through no fault of the com- plainant, which seasonably began and has zealously prosecuted its complaint. Days have been spent in taking the testimony ; all the facts are before us, and I strongly feel that we should proceed to assess and order the payment of these damages."

By Commissioners Lane and Clements: "The undisputed testimony in this case shows that the complainant has been sub- jected to gross discrimination. The com- plainant was often compelled to go without cars days at a time while certain of its com- petitors had no difficulty in securing an abundant car supply. The record further shows that the Pennsylvania Railroad Com- pany spiked the switch leading to the mine of the Hillsdale Coal & Coke Company so that for nineteen months the complainant

"Be this as it may, the finding of the Com- mission is as follows: Upon all the facts shown of record the Commission therefore finds that throughout the period of the action the system upon which the defendant distrib- uted its available coal car equipment, includ-

and individual or private cars, has subjected the complainant to an undue and an unlaw- ful discrimination. From this finding it necessarily follows that the output of the complainant's mines during the period in question does not fairly measure its normal commercial capacity. Its shipments have been arbitrarily and unjustly restricted by the operation of the unlawful rules of the defendant. and when this Commission per- mits the Pennsylvania Railroad Company to take that restricted commercial output as a factor in determining the rating of the mine for purposes of car distribution, it is obvious that the past discrimination is being indef- initely perpetuated. This proposition seems so self-evident that it ought not to be neces- sary to support it by illustration. Let us take the case of a mine the physical capacity of which is 500 tons per day. By reason of the discriminatory practices of which it has been the victim its commercial ontput during the past year was restricted to 250 tons per day. A competitor, on the other hand, with the same physical capacity as well as the same business efficiency, was favored by the car- rier and thereby enabled to market all the coal that it could produce during the preced- ing year. Under the rule which we are now considering the rated capacity of the mine which has been the victim of discrimination is some 375 tons per day, while that of the favored mine is 500 tons per day. Again, take the case of a mine whose switch was spiked so that it had no output whatever dur- ing the past year. Under the Pennsylvania Railroad Company's rule its present physical capacity of 500 tons is added to its past com- mercial capacity (zero) and the sum divided by two, the result being 250 tons, the rating

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IHISTORY OF INDIANA COUNTY, PENNSYLVANIA

of the mine for purposes of car distribution. Can there be any question that by sanction- ing this rule we are permitting the defendant to prolong discriminatory practices indef- nitely ? It would appear that this discrimi- nation will be progressively diminished as the years go by, but this, I submit, does not temper the injustice of the rule."

ORDER

At a General Session of the Interstate Commerce Commission, held at its office in Washington, D. C., on the 7th day of March, A. D., 1910.

Present :

Martin A. Knapp, Judson C. Clements, Charles A. Prouty, Francis M. Cockrell, Franklin K. Lane, Edgar E. Clark, James S. Harlan,

Commissioners.

No. 1063. HILLSDALE COAL & COKE COMPANY VS.

THE PENNSYLVANIA RAILROAD COMPANY

This case being at issue npon complaint and answer on file, and having been duly heard and submitted by the parties, and full investigation of the matters and things involved having had, and the Commission having, on the date hereof, made and filed a report containing its conclusions thereon, which said report is made a part thereof; and it appearing that it is and has been the defendant's rule, regulation and practice, in distributing coal cars among the various coal operators on its lines for interstate shipments during percentage periods, to deduct the capacity in tons of foreign railway fuel cars, private cars. and system fuel cars, in the record berein referred to as "assigned cars," from the rated capacity in tons of the particular mine receiving such cars and to regard the remainder as the rated capacity of that mine in the distribution of all "unassigned" cars:

It is ordered, That the said rule, regulation and practice of the defendant in the behalf unduly dis- criminates against the complainant and other coal operators similarly situated and is in violation of the third section of the act to regulate commerce.

It is further ordered, That the defendant be, and it is hereby, notified and required on or before the 1st day of October, 1910, to cease and desist from said practice and to abstain from maintaining and enforcing its present rules and regulations in that regard, and to cease and desist from any practice and to abstain from maintaining any rule or reg- ulation that does not require it to count all such assigned cars against rated capacity of the particular mine or mines receiving such cars in the same man- ner and to the same extent and on the same basis as unassigned cars are counted against the rated capacity of the mines receiving them.

The Hillsdale Coal & Coke Company were also victorious in the County, State and Supreme courts of Pennsylvania, the rules and regulations of the Pennsylvania Railroad Company being severely criticized by these courts as they were by the Interstate Com- merce Commission. The result of this litiga- tion has been far-reaching in its effect for good throughout the country, not only greatly benefiting the independent coal operator wherever located, but benefiting every other shipper of any commodity who has to depend upon a common carrier for his car supply.

The churches in Glen Campbell borough are Methodist Episcopal, Baptist, Union and Catholic.

The assessors book for 1913 shows the following in Glen Campbell borough: Num- ber and value of horses assessed, 90-$3,335; number and value of cows assessed, 59- $1,480; taxables, 315; taxable real estate, $85,135; money at interest, $42,126.79; cost of assessment, $29.30.

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CHAPTER XXIII

BLACKLICK TOWNSHIP

township, on which a small quantity of ground had been cleared. He remained some time, built a small cabin and otherwise increased his improvement; after which he returned to Franklin county, where he had formerly lived a short time. Some time in the winter of 1777 he married, and the next spring came back to his farm, intending to remain here permanently. But he was sadly disappointed. Some time in the spring or summer, owing to the presence of hostile Indians in the neighborhood, who were prowling about in all directions, but more especially in the north, he, with his wife, went to Wallace's

Blacklick township was formed from Arm- strong township in 1807, and took its name from Blacklick creek, spoken of by early writers and settlers as being on the site of the present Blacklick station. Armstrong and Wheatfield were then the only townships in the county. The Act which made it a sep- arate election district specified that the gen- eral election should be held at the house of Patrick McGee. Blacklick township is in a flourishing condition. The principal produc- tions are wheat, corn, oats, coal and lime- stone. In past years particular attention was paid to breeding fine horses and cattle. The surface is moderately hilly and was inhabited Fort, a short distance south of Blairsville, by descendants of Ireland, Germany and Eng- where a number of persons were congregated. During their stay at Wallace's the farmers went ont occasionally to the different farms in small parties, always armed with their rifles and prepared to meet the savage foe. His horses having strayed away from the fort and supposing they had returned to the farm, Laughlin, accompanied by Charles Campbell, Dieksen and John Gibson and his brother, went out in search of them. While the party were in Laughlin's cabin, preparing some dinner, they were surrounded by a number of Indians, led on by a Frenchman, and sum- moned to surrender- the leader telling them if they would submit none of them should be injured, but in case they resisted their bodies should be burnt up with the cabin. After consultation, it was resolved to sur- render. They were permitted to write a statement on the cabin door of what had hap- pened and assure their friends that they expected all to escape death and return home again. land, and a few people from the New England States. In 1870 the population was 1,016. In 1910 the population was 800. Among the early settlers were: Rev. Henry Baker, John Harrold, George Altman and Patrick Mc- Gee. John Jamieson was one of the first ministers in Indiana county; he resided on the farm afterwards occupied by W. J. Cole- man. William McCrea was also one of the early settlers. Other early settlers were Arch- ibald Coleman, George Repine, Malachia Sut- ton and Joseph Spiers. Gen. Charles Camp- bell came before the Revolution. In 1775 (after the war commenced) he and five other settlers were taken prisoners by the Indians and were held in custody five years, and were then exchanged or escaped. After peace was restored, they returned to their former set- tlement in Blacklick. Campbell built a grist- mill and sawmill. The gristmill was after- wards owned by Lytle & McKeage. Samuel Dickson was here before the trouble with the Indians and was driven off but returned with his family after peace.

The captives were next marched off, well guarded by the Indians, and the first station of any importance they reached was Kit- tanning, then an Indian village on the Alle- gheny, and at present the seat of justice for Armstrong county. Here the party remained several days and the prisoners had to run the

Randal Laughlin came to this country from Ireland, when a young man, probably about the year 1770. He arrived in this country prior to the Revolutionary war and purchased the improvement right to a large tract of land lying part in Blacklick and part in Center gauntlet and undergo drill, to the great

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HISTORY OF INDIANA COUNTY, PENNSYLVANIA

amusement of the savages. The first few

days they suffered for want of food, and a 13 miles the said day. roasted groundhog, which was served up in Indian style, was devoured with great relish. miles .*

From Kittanning the captives were taken to Detroit, where they were delivered to the Cuscuskey creek, 26 miles. British and thence conveyed to Quebec. At this place they spent a severe winter and Crooked Mouth Town, 28 miles.

were exchanged the ensuing autumn. In the meantime Mrs. Laughlin had made her way

with their firstborn son over a year old. Charles Campbell and John Gibson likewise returned to their homes, but the remaining two of their companions died on the way. Laughlin remained in Franklin county until after the close of the war, when he returned to his farm in this county. He, with others of that period, suffered much from the depre- dations of the Indians and for want of mills, churches and other comforts and conveni- ences. He subsequently took an active part in public affairs, and after serving as trustee in the organization of the county was ap- pointed deputy marshal and took the census of 1810. He died in the early part of the year 1818, at a good old age, having resided in the county, if we include the term of his captivity, some forty years. His, as we have seen, was a chequered life-marked by personal adven- ture and suffering-exposed to the greatest of dangers and subjected to the severest of trials-yet coming out of them all, "like gold tried in the fire," with increased luster and maintaining a high character for integrity and rendering himself eminently useful to the community, "in his day and generation."

Charles Campbell, who is spoken of above, held the office of trustee for the county, and was subsequently one of the associate judges of our courts. We have in our possession the original journal kept by him during the period of his captivity, which we transcribe and insert here verbatim. It must be borne in mind that this journal was subjected daily to the inspection of British officers, after they had got control over Campbell and his com- rades; and this fact will account for the meagerness of its statements and the want of minute details.

A Journal of travels of Chas. Campbell, of Pennsylvania, Westmoreland county .-

Began his journey on Thursday, the 25th of Sept., 1777; marched 2 miles over Crooked Creek. 12 miles on his journey.

On Friday, 26th, crossed the Alleganea,

Saturday, 27th, marched to Salt Creek, 20

Sunday, 28th, marched to small branch of

Monday, 29th, marched to the Munsey or

Tuesday, 30th, stayed there.

Wednesday, the 1st of October, marched to Franklin county as best she could; and to within four miles of the Salt Lick, 25 in about eighteen months after his capture miles.t Laughlin returned to the same place and

Thursday, 2d, marched to a camp, about found her in good health and well cared for, six miles past Mahono town, 25 miles.}

Friday, 3d,, marched to Chiahoga, 30 miles.§

Saturday, 4th, stayed there.

Sunday, 5th, marched to Black creek, 15 miles.

Monday, 6th, marched to Thos. McCarty's, on the Grand river, eight miles .- Stayed there 7th, 8th & 9th.

Friday, 10th, marched to the Frenchman's camp, 15 miles.

Saturday, 11th stayed there.

Sunday, 12th, sailed in a bark canoe, to Rock river, 18 miles-9 miles on Lake Are.||

Monday, 13th, it was so stormy I stayed there.

Tuesday, 14th, sailed 27 miles and put into the mouth of a small creek and stayed there that night.

Wednes. 15, sailed to Sandusky Island, 20 miles.

Thursday, 16th, sailed to Cunningham's Island, 20 miles.

Friday, 17th, sailed to the main land, 20 miles.

Saturday, 18th, sailed to the French settle- ment, 20 miles.

Sunday, 19th, sailed to Detroit, 10 miles where I stayed in the guard house till the 28th.

Tuesday, 28th, I went on board the ship

* Laughlin spoke of having stopped at Kittaning and there being subjected to the gauntlet, whilst Campbell makes no mention of the circumstance, or even of having been at the place; whence we may reasonably conclude, either the prisoners had at that time been temporarily separated, or Campbell pur- posely omitted the account in his journal to escape censure from the British officers.

t Probably where "Massy Harbison" resided at a later period, several miles north of the town of Butler, in Butler County.

# Whether this was an Indian town on the Mahon- ing river, or the old French village at the mouth of Beaver, we have no means of determining.

§ Probably a branch of the Cuayahoga. ¡¡ Lake Erie.

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HISTORY OF INDIANA COUNTY, PENNSYLVANIA

Dunmore, commanded by Capt. Andrews, and sailed to Cunningham's Island.

Wednesday, 29th, they hoisted their sails; but the wind was so contrary they were obliged to come to anchor again.

Thursday, 30th, the wind proved fair. We sailed till ten o'clock at night.

Friday, 31st, it being so calm we could make no way.

Saturday, 1st of November, we came near Bresked.

Sunday, 2nd, we made to Fort Eary.

Monday, 3d, we left the ship and got be- low and sailed to Fort Slosher, and then marched to Fort Niagara, 500 miles from Detroit, commanded hy Col. Bolton, and there remained in the guard till 14th.

Friday, 14th, I went on board the Sin- cere.

Saturday, 15th, we arrived at Buck Island, 150 miles.

Sunday, 16th, I left the Island in a boat and encamped that night on an Island in the River St. Lawrence.

Monday, 17th, we lost our way by taking the wrong river till we came to an Indian camp and got them for pilots.

Tuesday, 18th, we came to Swygotchy, 90 miles from Buck Island, and went to the guard house.

Wednesday, 19th, we left that and en- camped that night on an Island.

Thursday, 20th, we came to an Indian camp on a small Lake.

Friday, 21, I came to the Isle of Peru.

Saturday, 22, I sailed to Lesheen, and then I marched to Montreal, 70 miles from Swy- gotchy, and went to the guard house till the 4th of December, 1777.

Thursday, the 4th of December, I left Montreal and came to Point Atramble.

Friday, 5th, we came to a Capt. of militia and got billets * for the night.

Saturday, 6th, we marched to another Capt. of militia.

Sunday, 7th, we marched to Barkers', 45 miles from Montreal.

Monday, 8th, we got 2 trains, one cariall and rode to a Sergt. of militia and got billets.

Tuesday, . 9th, we marched to a Capt. of militia and got billets.

Wednesday, 10th, we marched to a Capt. of militia and got billets.

Thursday, 11th, we came to Three Rivers. 45 miles from Barke.

Friday, 12th, I marched 5 leagues.

* Cards to secure lodgings.

Saturday, 13th, I marched to San's, 5 leagues.

Sunday, 14th, I marched 6 leagues.

Monday, 15th, marched 5 leagues.

Tuesday, 16th, marched 7 leagues.

Wednesday, 17th, marched into Quebec, ninety miles from Three Rivers, and went to the main guard and stayed there about one hour, till the Provo Master came and took me to the Provo guard where I stayed to Sat- urday, 20th, then marched to Beauport, 5 miles from Quebec.

Sunday, 21st, I got my billet and drew three weeks' provisions and took it to my landlord. His friends came that night to see him, and they ate, drank and sang to eleven o'clock at night and then broke up company.

Wednesday, 24th, I went to chapel at twelve o'clock at night.

Thursday, 25th, I went to chapel to see how affairs were carried on, for I could not understand by hearing.

Saturday, 27th, my landlord called his chil- dren together to sup with him. They ate, and drank wine. I sat with them till almost midnight, and then I left them singing and drinking.

Thursday, 2nd of January, 1778, my land- lord's friends came for to breakfast with him, and it is the fashion for all, both men and women of this country, to kiss on that day.

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Indiana County, Pennsylvania, her people, past and present, Volume I, Part 86

Author: Stewart, Joshua Thompson, 1862- comp Publication date: 1913 Publisher: Chicago, J. H. Beers & co. Number of Pages: 930

Author: Stewart, Joshua Thompson, 1862- comp
Publication date: 1913
Publisher: Chicago, J. H. Beers & co.
Number of Pages: 930