Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-18

company then replied that IL a certified
check 70 rthe amount of the coal were
received, then shipment would be made
o nthe order of Nov 4. This shipment
was made under protest the complaint
states, made in writing and was shipped
in view of the fact that penalties would
be inflicted upon failure to carry out the
commissions orders.
On Nov. the officials of the plaintiff
company were cited to appear before the
commission on Nov. II, to show cause
why their license to mine coal should not
be revoked for failure to comply with
the orders of the commission.
In the complaint the company at
tempts to show the damage that would
result should their license be revoked.
They state they can not operate without
Inability of fine, and without uAbil-
ity OF the officials of the company be-
ing sentenced to the penal farm. II
they do not operate, their mine would
deteriorata because of being hlled with
water and gas, and walls would cave In,
causing an expenditure OF about $4,000
for repairs, the say.
THEIR BUSINESS
THROWN INTO CHAOS.
They say that as a result Of the insti-
tuition of the coal commission, their busi-
ness has been thrown into chaos, and set
forth fourteen reasons why they have
been damaged through operation Of ths
coal commission law. They declare the
law unconstitutional and invalid, and
say the orders of the commission are
void.
They pray the court to declare the act
unconstitutional, and ask thats the off,
Gers OF the commission be enjoined by
order of the court; from collecting the
tonnage fee on production, from revok-
ing their license, from ordering them to
sell to consumers other than their reg
ular customers, and from requiring them
to sell their coal in this State to the
exclusion of interstate commerce.
An introductory injunction is asked
to restrain the commission from reyOk-
ing their license in the case that was
being heard before the commission today,
to be In force until a hearing can be
held for n permanent injunction.
The plaintiff is represented in its &C
ton by Attorneys Charles Martindale,
Cooper, Royse, Bogart and Gambill and
Whitcomb aud Dawden.
LETTER ADVISES
COAL DEALERS.
Letters are being sent out by officials
of the Indiana Retail Coal Dealers As
ISOLATION, advising dealers not to with
draw their suits against the coal and
food commission, according TO a letter
received by Jesse T. Eschbach. chairman
OF the coal commission. from u coal COM
pany In northern Indiana. The coal
dealer Enclosed the letter said to have
been received by him from Il. II. Yeag
ley, secretary OF the coal dealers organi-
nation.
The letter follows:
your letter OF Nov. 3, asking me to
withdraw your suit against order No. .
OF the special fuel and food commission
has been received. This is quite A sur
prise TO me and I am at a loss TO I'M
derstand why you have decided TO take
this action. VIII you kindly advise me
at once your reasons for so doing so,
that We may know just what the actual
conditions are? II 70 is a matter OF
books and records, | would call to your
attention the fact that you do not neces-
sarily need q modern up-tod date book
keeping system to prove In court that
$3.50 Is not enough margin Tor you. a
great many dealers for whom we hled
suit are having accountants go over
their books to ascertain what their costs
are This is certainly advisable and 1
would suggest that you do the SAME
thing. rather than give up your appeal,
as under the law you have no further
chance for an increased margin.
please advise me- at once Just what
your reasons are for taking the action
above noted"