The Birmingham age-herald., 1920-07-14
JUDGE ADVERSE I9 C0AL. OPERATORS IN
 ASSIGNED GAR CASE
Railways Get Decision In Matter Brought By Co., roma Company-Final
 Hearing Today

Judge Henry D. Clayton of the district federal court has held adversely to the coal op- orators in the assigned" car case brought by the Corona Coal Company.
 The complainant company, through it's counsel, Forney Johnston, has re- quested that the injunction granted in the state circuit court prior to removal of the case to the federal court be al- lowed to stand, pending appeal by the complainant to the supreme court of the United States.
 This motion will be heard by Judge Clayton today. The complainant will offer to make bond protecting the rail- road company against loss by reason of the injunction pending the appeal.
 The Corona Coal Company early in the spring entered suit in the circuit court against the Southern railway all leging that it was unlawfully assign ing" cars preferentially to the mines producing fuel coal. They declared that this hampered production by mer- chant mines and caused them loss by reason of the overhead that went on simul ultaneously with the small produc- ton.
 It was also claimed that the railroads did this assigning of cars preferen tially to mines producing railroad coal in order to force the merchant mines to reduce the price of coal to the rail- roads.
 It was further claimed that by req son of this practice, ships in harbors were deprived of bunker coal and that thus one arm of transportation, by discriminating in favor of it's fuel, handicapped another arm of transporta- ton.
 MAIN CONTENTION
 The main contention of the com plainant was that the transportat tion act of last March specifically provided that when car shortages exist all coal mines on the line of a railroad should be allowed their rated quota of coal cars.
 The circuit court granted an injunc- tion forbiddng the "assgning of cars" but the injunction was withdrawn early in May on request of the interstate commerce commission, which sug- gested that the operators and the rail- road company might effect an amica : ble agreement. meeting was held but nothing resulted.
 Recently the Corona Coal Company reinstituted it's action in the circuit court and Judge Dan Greene granted an injunction against the assigning practice. The railroad company there upon sought removal of the case to the federal court. which was allowed. Judge Clayton's decree followed.
 Abouf two waekS avo- similar ca was brought in the West Virginia coal fields and Judge Dayton. of a West Virginia federal court, held with the coal operators and against the rail- roads He granted an injunction against the assigning" practice
 Judge Clayton of the Alabama dis trict court, takes different view of the case, and has decided in favor of the railroads. The complainant coal company will appeal, but asks that, pending the appeal to the supreme court of the United States. the injunc- tion be allowed to stand. The Corona Company offers bond for loss that the railroad may sustain by reason of the injunction.
 This is the point which the case has now reached and which is to be de- cided by Judge Clayton today. Whether he continues or allows the injunction the appeal will be taken. because his decision is in favor of the railroads
 PRESENT STATUS
 The present status of the case is technically stated to be as follows: Federal Judge Henry D. Clayton an nounced his decision in the "assi gned" car case Corona Coal Company vs Southern Railway Company. construing Paragraph 402 of the transportation act. 1920. as contended by the rail roads.
 Thereupon the Corona Coal Company. through it's counseL Forney Johnston. suggested final decree dismissing bill ty lack of Jurisdiction. with super sedeas pending direct appeal to the supreme court of the United States. This will be determined by Judge Clay ton Wednesday morning.