The log cabin Democrat., 1914-10-12
COMMISSION WINS
 ROCK CRUSHER SUIT
CASE MAY BE APPEALED
DYE DISCUSSES LITIGATION AGAINST STATE
 CRUSHER.

Little Rock, Oct. 12.-It is more than likely that the quo warranto pro- |ceedings, instituted in the name of the state against the state rock crusher, which were decided for the defend ant Saturday in a decision rendered by Judge Guy Fulk of the Pulaski circuit court, will be carried to the Arkansas supreme court. The state permitted its name to be used in order that a construction of the act creat- ing the rock crusher might be had in the courts, so it seems probable that the case will be appealed to the states highest court.
 Under Judge Fulk's decision the rock crusher may continue it's oper- ation, selling in the open market only what excess rock may be necessary to keep the plant in operation.
 The suit was directed against the selling by the state institution of crushed rock in the open market. At torney Albert Walls of Lonoke, who represented the State Highway Con- mission, contended in court that it was absolutely vital to the plants continued operation that the accumu- lated rock be disposed of, as it would be impossible to store it.
 Reuben Dye, chairman of the com mission, made the following state ment last night in regard to the case: :: "Early in May of last year the com missioners of the four road districts created by special act of the legis- lature, at meeting held in the Lon- oke county courthouse, at which a member of the State Highway Con- mission was present, adopted reso- lution urging the highway commission to establish a central rock crushing plant, and pledging the districts to purchase 100000 yards of stone, the delivery of which was to begin at once, provided the prices were reason able, and the distance not so great as to require excessive freight charles.
 Accordingly, negotiations were opened to either erect a plant or ac- quire one already in operation. About the middle of this month (May) how ever, the districts closed contracts with one of the local rock crushing plants at price of 75 cents per yard, a price about 35 cents below what the saTe quarries had charged the months immediately preceding.
 After the contract was made the efforts of the commission were then discontinued as the prospects for road business was not sufficient to justify the undertaking. During the fall of 1913 it appeared that additional dis. tricts would be formed in Lonoke, Lincoln. Phillips, Prairie and Pulaski counties Some of these have been formed
 "As the result of this apparent ac- tivity, on November IA, 1913, the highway commission leased a rock crushing plant on royalty basis, the royalties to apply on the purchase price of the plant, and engaged in fur nishing crushed rock for road pur- PooSo aI Iilc CoSt Ol pTOuuCLlOIl, sell ing only such stone in the open mar ket, of size not included in the con- tract, to enable us to keep the plant in operation and allow us to fill our contracts.
 About 30 days after we began op- eration an injunction was filed in the Pulaski chancery court in the name of the state, on authority of the assis- Itant attorney general, Charles T. Coleman, represented the state as Iatto~ney, and the commission was rep
 resented by Attorney Albert Walls of
 Lonoke. This injunction, however, was repudiated by Attorney General
 Moose, but in April of this year he al-
 lowed another injunction suit to be brought in the Pulaski circuit court. Under the finding in this court to- day the operation of the crushing plant will be continued as heretofore. We will furnish the road districts with what rock is wanted, selling only what is necessary to keep our plant running to fill our orders"