Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-10-15


suit contesting the action Of the
Indiana state coal and food commission
in fixing a margin Of S2.25 a ton Tor
the handling of coal by the retail deal
ers was expected to be. filed in the in
terezt Of retail coal dealers late this
afternoon or Saturday morning before
Judge Harry chamberlin of the Marion
County Circuit Court.
II was announced at the Office CT
County clerk Richard v Sipe that coun-
sci had secured several hundred summons
for witnesses and defendants in the con
templated action TO be brought IN behalf
Of the retail coal dealers.
TJp to o'clock this afternoon no action
had been fled, however, attaches OF the
court said.
EsCHRACK SAYS TINE
LIMIT COMES SATURDAY.
Under Indiana statutes any action con-
testing the orders OF the commission
must be fled within ten days after the
making Of a price order.
Because of the delay caused In for
mally making the order, Jesse Eschbach
Of the coal commission stated that the
time limit expires Saturday night.
Counsel for the retail dealers have been
In conference for several days in an ef-
fort to determine what action should be
taken In the courts to contest the 1928
margin which the retailers claim Is too
small
II is known that counsel for the coal
operators are trying to decide II opera
tors should go into court to test the
validity of actions Of the coal commission.
II is probable that the operators Will
file action In the Federal Court If counsel
agrees to resort to the courts instead OF
ignoring the orders OF the commission.
It Is thought that II the coal operators
ignore the orders of the commission, that
the State viii be forced to resort TO the
courts to enforce obedience Of the orders.
DTTHIER EXAMINATION
CAUSES PosTPONEMENT.
Due to a long examination Of H. L.
Dithmer Of the Polar Ice and Fuel
Company by James Noel, counsel for the
coal commission, the hearings OF other
indianapolis retailers, scheduled for to-
day. were continued until Q o'clock to-
morrow morning.
Conditions concerning the coal in
dustry in indianapolis, the matter OF
labor prices, prices Of necessary COM
modities to sustain business organiza-
lions, the coal market, weather condi-
LlQuSs ana UlSCtiSeAV ~ tAiia
brokers' prices for coal Delivered to the
above named company took up the entire
morning.
Retail coal dealers Of Indianapolis
operate about one-half Of their bust
ness. according to Mr. Dithmer, under
contract obligations for shipments OF
coal.
The remainder obtain coal on the open
market whatever sources they may
reach
Mr. Dfthmer stated that the prevailing
prices Of coal from Oct were sold on
level with other dealers and that his firm
learned of the prices Of other dealers By
calling them over the phone and asking
the price Of coal and then fixed their
own price according to the cost Of doing
business as near as possible TO that OF
their competitors.
TRIED TO OBSERVE STATE
ORDERS. HE TESTIFTEs-
Since the order of the commission the
Polar Ice and Fuel Company had re-
ceived six cars Of mine-run coal at 81
ton through the aid OF the commission.
Five cars Of Brazil block had been re-
ceived since the order, but was pur-
chased before the commissions order
was announced at $50 ton.
Since Oct Mr.. Dithmer stated that
his company had tried to observe. wher-
Continued on Page Nineteen.)