The Sun. [volume] (Price, Utah) 1915-1932, 1917-01-19

t'pon the representation that the
Denver and Rio Grandc railroad ana
the oregon Short Line the main ar
tcrics In supplying coal to all sections
~ the intormountain territory 10y I'M
lust discrimination In the distribution
IT their cars for coal shipments, had
brought about condition Of much
suffering during this cold weather.
the Intervention of the United States
court was sought last Friday through
the medium of a petition for a writ of
mandamus TO compel tho railroads to
perform a duty they owe the public.
The petition sets forth that the
discrimination complained of through
u system Of car distribution inflicts
great hardship on certain mine uwn.
ora IN favor Of the Utah Fuel COM
pany. a corporation owned and con
truiled by the Denver and Rio urandc.
preventing the petitioners from sup
plying coal 90 dealers on the lines
tho railroads. An order 90 show
cause why the petition should not be
granted was issued by Judge Tillman
-. johnson In the United States court
Friday. rcturnablc on January goth.
Until a hearing In had the railroads
are ordered Co discontinue their al
legged discriminatory practices against
the coal producers Of Utah.
Companies Unable 60 Deliver.
Tho petitioners are tho Standard
Coal company. the Independent Coal
and Coke company. Spring Canyon
and Cameron Coal companies
Through their attorneys A. u. Harness
snd q. A. iverson. they set forth rea-
sons IN their petition why the man.
dnmua should be- granted and made
permanent They state that while the
people Of Utah. Idaho. Montana and
Nevada are suffering from the cold Of
nne OF the Heycrcat winters on record.
tho Anaconda ameltcr " kept running
AZ full blast and the time II at hand
when tho aid of the courts must be
had N the public N Co be relieved In
this connection " N pointed out that
American families are suffering that
the big industrialH may be kept In np-
Grafton for manufacturing munitions
Il war.
II IN yet forth In the petition that
tho Utah Fuel company, operating
mines at sunnyaide. Castle Date. Clear
creek, Winter Quarters and Utah
Mine. an located In Carbon county. !,
owned solely and entirely by the Den
yer and Rio Orande and has been ia.
vored BY the railroad company In ths
distribution of cars for the shipment
10 It's output. that by reason thereof
the competing companies along the
route OF the Denver and itio urands
have been unable In fili large ORDER
Tor coal.
say Monopoly l. rp,1iccd.
The complaint says further The
petitioners heretofore built up and cs'
tnbiished an extensive business In the
sale aud shipment Of coal Ca point
along ". railroads In the states OF
Utah, Idaho, Montana. Washington
aud oregon. and the shipments ~ Goa
must necessarily be- made over th'
said railroads That they must de-
pend for ears and equipment and Ia
cilities for transportation, includini
motive power. entirely On the Hait
railroads That Tor the purpose al
distributing cars Ia your petitioner
ana the said Utah Fuel company ant
other coal companies the Denver an,
RIO urande railroad established a Ger
tain system ~ empty ear distribution
which system the oregon Short lin'
adopted for the purpoH. of shipments
THAT for more than a year u short
tge Of cars has existed from the prop
critics OF the petitioners, during whicl
time they had large orders Tor coal IL
rarload lots Co be- shipped and de
iivered 90 points along tho lines Of th'
aid railroad companies. hut nave beer
unable a. fill same owing "a the short
nge; that during the time ~ the sal,
shortage the railroad companies
while pretending 90 distribute ears &
YOUR petitioners for the purpos" ot tn
-hipment ~ coal. under their system
u ear distribution have and do nov
discriminate against your petitioner
"a the distribution of said ears aud arr
distributing and furnishing ears a. th'
Utah Fuel company In greater pro
portion than they are entitled o., sui
ficienty 20 that the Utah Fuel com
nany has been enabled o. ship ap
uroNimately 100 per cent of its outpu
Il coke and coal from its Suunysid'
mine, while on the other hand TN
petitioners are able Ia ship not 10 "a
.eed approximately 60 per cont uf th'
output ~ all their mines,
Placed NJ Disadvantage.
That hy reason ~ the undue, an
rasonable and unfair discriminator'
trihution OF available ears the petit
toner's will continue "a Dee preiudice'
and injured and placed az "A great dis
advantage with reference Go lbs com
petitiye business with the Utah Fue
.ompanyi that their customers am
patrons located at points along an
aid railroads have been irreparall
damaged ana the consumers of coo
md the public generally are being de
prived OF their opportunity Ia recciV
coal as aforesaid ana are thereh
Haused great suffering ana distress, "
II Is further claimed that there az
ISIS an agreement between the de
iendant railroad companies and IA
Utah Fuel company In which the rail
roads are hound TO furnish the uta