The Birmingham age-herald., 1920-06-18
CHARGES DISCRIMINATORY
 GAR DISTRIBUTION
Coal Company Secures Tenn ptrary Injunction Against the Southern Railway.
 Other Suits to Be Filed

| Jucge D. A. Greene has granted tenn porary injunction in favor of the Corona Coal Company against the Southern Rail. | way Company
 The injunction is similar to that issued ! in April and orders the defendant to dis continue the alleged habit of discriminat, ] Ing In car distribution in favor of mines
 producing coal for railroad use to the 1 detrlment of mines producing coal for | the general public.
 l The first suit was brought in early
 April and injunction issued, but at sug- eestion Of the interstate commerce com
 mission was withdrawn on the presump- 1 ton that the railroad company and the complaining coal operators on it's line in
 Alabama might come to an amicable agreement without resort to litigation This conference was held Mir. Pc.
 gram, representing the Southern Railway
 came to Birmingham and met the oper.
 ators. No agreement was arrived It. 1 Assigning of cars at discretion of the
 railroad company continued, it is al. legged, and the result has been a large
 less in production by the complainants
 and other producers discriminateo 1 against. The pling up of overhead is
 set forth as a heavy financial loss
 The car deficiency at the complanins
 mines, it was set forth in a statement
 issued some time ago. was around 52 per | ttUl III tHG DlOllln OI ADT1l. LII OtHet words, the company contends it's produc-
 tion and sale of product has been cur
 tailed more than 50 per cent by car de- l fciency alone.
 ! The complainant sets up the transpor- 1 tation act of March, 1920 in which it is specified. according to complainant, tha,
 when car shortage exists, as is the case now, the railroads must make reason. able and just discrimination of cars foI 1 tv..,, tat ior1 of coal ha
 mines served by it."
 | The tendency of the discrimination i, l is set forth, is to force the merchant mines to sell their output or substan-
 tia, portions thereof to defendant at such price as defendant may be willing to | pay in order to secure car supply, or else to suffer an interruption of their operations"
 l significant paragraph of the com plaint, showing that the complainant company Is handicapped by the alleged practice of the Southern Railway in fur nishing fuel for other transportation utili- ties, is this
 | "A large portion of the complainant ccmpany's output is under contract for shipment to Pensacola and New Orleans | for bunkerage use of vessels engaged in | interstate and foreign commerce" 1 This, 1t is claimed, is the same as to /! change that one arm of transportation | is cutting the throat of another arm, railroads discriminating against mer- chant mines furnishing coal for wateS transportation in favor of mines fur nishing fuel for land transportation. , The complainant sets forth that its mines are directly on the Southern and dependent on 1t for movement of output It is alleeed that the practice of the defendant directly tends to disorganiN and dissatisfy complainants employees by forcing compliments mines to suspend work on account of the lack of cars to receive the output"
 The case is made returnable before Judge Locke in chancerv. Defendants were required to make a 5000 bond. Johnston and Cooke are solicitors for
 the complainant
 Similar action has been taken by the
 coal operators of the Fairmont, w. Va,
 coal fields against railroads alleged to
 be "assigning'' cars in that section.
 Other suits will be filed. 1t having been
 agreed hy the National Coal Operators Association at their annual convention to fight this alleged discrimination wher- ever 1t exists