The Montgomery advertiser., 1904-03-27

| "a certain price delivered at Birmingnana. and that he had no interest in the freight. IT presume you mean to infer tnaLs ne reaped no benefit from the irrespiarity. IT so, I will ask you to please eAPia.h to ms how it was that YOU could puy hopr hr as cheapyhS HE COULD AND YET HE WAS ABLE TO UNDERsELL YOU IN THE BIRMINGHAM MARkETg And why did Mir. Conner. after receiyine tne hrst car of FLOUR when the biii or lad Ing called for MEAL return the MEAL BACKS to Carter's Creek, Tenn, TOT other, and yet other and other snip ments Of FLOUR. covering a period of several months. until the undercharge ag- SEfesated s12s. .s6?
 These, as I Understand it., are the facts In this case.
 If they are not. and if I have circu- lated anything that is not correct snali, or course. take pleasure in making any necessary correction, if I shall become convinced that anything have stated IS erroneous.
 tcan appreciate your position at that time las competitor of Mir. Conner. and can feadily understand why you should have complained at the loss of portion of your flour trade occasioned by some special privilege which you believed MT. Conner to be enjoying. in view of the fact that he was selling flour to your cus- toners at a lower rate than the rate at which you could sell them
 can also understand why, since you are now associated with him in business. and since your political views are in ac- cord with his. you would be inclined to look with charity upon acts which at the time of the Irregularities were against your, interests, but which are now-to say the least of it-just a little em- barassing to man who Is running for the office of President of the Railroad Commission. Yours truly.
 W. E. KNOX.
 From Age-Herald, March 25. 1s...
 State of Alabama, Jefferson County. .
 Before me the undersigned, Notary Public in and for said County in said State, personally appeared E.. A. de- Fimiak who being first duly sworn, says that he is the General Agent of the Louisville & Nashville Railroad Com pany, at Birmingham, Alabama, and has been such since January 1st, 1892; that he knows B. B. Conner of Birmingham. Alabama, who was at that time engaged fin the manufacture of meal and the sale of flour, hay and grain, under the name of the Birmingham Mills, at Birming- ham. Alabama; that some time during October. 1892. -Ar. E. Wilkerson, who was at that time connected with the Western Grain Company of Birmingham, Ala bama, complained to affiant that B. B. Conner was underselling the Western Grain Company, which was a competl- tor on flour sales, at Birmingham, Ala bama, where the flour was obtained from the same sources and under similar con- ditions; that thereupon affiant at the re- quest of said Wilkerson, started an in- vestigatdon with reference to flour ship ments consigned to B. B. Conner at Bir- mirgham. Alabama. and to Birmingham Mills. at Birmingham, Alabama, and as- certained by personal investigation that flour had been shipped over the Louis- vile & Nashville Railroad consigned to B. B. Conner, at Birmingham, Alabama, and Birmingham Mills, at Birmingham, Alabama, in meal sacks branded in large letters: :'S'BIRMINGHAM MILLS B B. Conner, Brand JIM DANDY MEAL" That it was afterwards ascer- tained that nine @ cars of flour had been shipped from the Maury Mills, Car ters Creek, Tennessee, to B. B. Conner or Birmingham Mills. at Birmingham, Alabama, in meal sacks branded as above, and billed by shippers as meal at meal rate a1d weight, and that the to-
  fication and billing on said cars was One Hundred and Twenty-nine Dollars and E!gLty-Six cents. Cs129.S6); that the freight on. said nine (9 cars, by the terms of the shipment. was payable and had been in fact paid at the meal rate and weight by B., B.. Conner at Birming- ham, Alabama;. that aflant afterwards, tn person. presented to said B. B. Conner, in person. bill for the said under charge of One Hundred and Twenty nine Dollars and Eighty-six cents (Sf29.S6); that the said B. B. Conner in person. gave afflant a check to cover the amount of said undercharge; that neither the said B. B. Conner, nor any one for him. made any explanation to afiant at that time. or at any time thereafter, with reference to said false classification and underbilling, nor did the said B. B. Conner state that he received no benefit from it, nor did he state that 1t was not designed to benefit him; and affiant says that the said B. B. Conner did not show to affiant at that time, or at any other time up to the present time, the entire correspondence. relating to this matter. or any part thereof, or any invoices or papers of any kind for the purpose of showing that said B. B. Conner had no interest in and received no. benefit iron, said false classification and billing; that neither the said B. B. Conner, nor any one for him. has eyer made. up to the present time. any explanation of any kind to af1ant with regard to how said false classification and underbiHing oc- cured. but paid the amount of said un- dercharge to afflant without explanation of any kind.
 (Slgned) F. A. deFUNIAK.
 Sworn to and subscribed before me, this the 23rd day of March. 1904
 (Signed) J. R. VAIL. Seal. Notary Public.-1t
 (Communicated)