The Montgomery advertiser., 1904-03-25

tain 3e4 sacks of MEAL. weighing B. ,4SS pounds, on which freight charges amount ing to S53.5s were assessed on the basis of the MEAL rate at that time of Is cents per 100 pounds. The shipment actually consisted of 36i sacks of FLOUR, weigh ing $500 pounds, on which the freight charges should have been S72.s0 on basis of the correct FLOUR rate at that time of 20 cents per 100 pounds. The under charge of $1922 was equivalent to 2S-1 O cents per 100 pounds, or 10 56-l0O cents per barrel.
 On or about October 6. 1892 MT. B. B. Conner received from Carter's Creek K. c. F. s. & M. car 1143o. representei to contain 15o sacks of MEAL. weighing 1s,- 800 pounds, on which freight charges amounting to $220s were assessed on isis of the MEAL rate at that time of Is cents per 100 pounds. The shipment act ually consisted of 150 sacks of FLOUR, weighing 15,0O0 pounds and the freight charges, on basis of the FLOUR rate at that time of 20 cents per 100 pounds, should have been s3000. So that by false classification and false weight an under charge of $7.92 had been brought about. This undercharge was equivalent to 2s-1o0 cents per 100 pounds or 10 56-10O cents per barrel.
 During the time these shipments moved in 1892 and for a while thereafter the meal rate from Carter's Creek to Bir- mingham was Is cents per loo pounds, and the flour rate was % cents per 100 pounds. The present meal rate from Car ter's Creek to Birmingham is l3 cents per 100 pounds and fitur ate r cents per 100 pounds, showing reduction of cents per 100 pounds in each commodity
 also stated that an investigation of this matter was brought about at your request-you being at that time a com petitor of Mir. Conner in the Birmingham market. and you having complained to our Birmingham representative that Mir Conner was able to undersell you in that market. My understanding is that you stated at that time that you could buy four as cheap as MT. Conner could. but that for some reason you were not able to sell 1t as cheap as he and that you asked the representative of the Louis- vile and Nashville Railroad company to make an investigation. Such an investi- gation was made. and developed the facts as set forth above. I further stated that these irregular shipments were continued aver a period of several months before they were discovered by the Louisville and Nashville Railroad Company, until the undercharges amounted to s129.S6, and that all these irregular shipments were Ulileu to MT. b. D. conner or HIS blI- mingham mills collect" and that Mir MILLS PAID THE FREIGHT ON SAID SHIPMENTS AT THE MEAL RATE, when the shipments were in fact FLOUR.
 I had no information with reference to whether the flour was sold delivered in Birmingham or not The positive infor- nation I have. however. Ks that 1t was loaded in MEAL SACKS FURNISHED BY MIR. COMER AND BEARING HIS NAME AND BRAND as above describ- ed: and that upon the assumption that 1t was MEAL, IT WAS so BILLED BY This COMPANIES AGENT, and that the BILLS OF LADING ISSUED FOR THE SEV ERAL SHIPMENTS describe the contents of the several cars as Meal, and that our investigation developed the fact that these several cars did NOT contain MEAL, but that they contained FLOUR IN MEAL SACKS. and MT. Conner ac- cepted said shipments as MEAL and paid the MEAL rate of freight at that time on the same.
 have also stated that was informed that about that time Mir. B. B. Conner made a boast that he intended to con- trol the flour market of Birmingham
 Now with regard to the fifth paragraph of your letter. In which you state In eff ICCI NdE SOHicT bnO"Eu NA suppose you mean the Louisville and Nashville representative who investigat- ed the matter at the time and collected the undercharge of Sl29S6), "telegra ms purchasing the flour. his invoices show ing that the miller in Tennessee got the benefit of cents per barrel in freight" (you mean cents per hundred pounds. or 8 cents per barreD, "and further told the Louisville and Nashville representative that he owed the miller for a car of flour, and if he desired 1t would pay them the cents per barrel" (you mean per 100 pounds), 'on all shipments and charge back to shipper, which he did;" and with regard to the next paragraph of your letter in which you state in effect. MT. Conner took the pains to show the representative of the Louisville and Nash vile Railroad company in Birmingham, copy of his letter." etc, as tending to establish that "he reaped no benefit by the false billing, and had no interest In it," I desire to say:
 I have, since the receipt of your letter, had a conversation over the long distance telephone with MT. E. A. deFuniak. the Birmingham representative of the Louis vile and Nashville Railroad company, above referred to, which conversation de- Velops the fact that MT. E. B. Conner
 
 gram with reference to the purchase of this flour. nor any invoices showing that the miller in Tennessee received the bene- fit of the cents per 100 pounds, and MT. Conner did NOT tell Mir. deFunak that he (Comer) owed the miller in Tennessee for car of flour, nor that If he desired it, he would pay the cents per i0l pounds. and charge 1t back to the ship per, etc. Neither did MT. Conner show the Louisville and Nashville representa- tive in Birmingham. copy of letter in which 1t was shown that he (Comer) charged back to the shipper in Tennes- see, the amount of the undercharge paid Louisville and Nashville Railroad com pany.
 My information is that Mir. Conner has never. up to this date, explained any ot these transactions to Mir. F. A. deFuniak and the only effort at explanation have ever heard offered was a communication from MT. Conner some time after these irregular shipments had been detected (and the amount of the irregularity, viz, $l29 S6 collected). addressed to MT. c. B. Compton. who was at that time general freight agent of the Louisville and Nash vile railroad office al Louisville. Ky. which fell very far short of a satisfac- tory explanation. and did not deny re- sponsibilty for this manipulation. On the other hand. he admits that the num- erous shipments were irregular The only thing he does deny in this letter was that the irregular shipments were of any bene- fit to him or designed to be.
 In this you will note he speaks of de