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


State to satisfy.
"If a sufficient number of coal cars is
furnished commercial mines OF Indiana
and they are permitted to work without
interruption they have sufficient capacity
and will produce sufficient coal to meet
every demand made on them in the win
ter months of 1920-1921.
1.-THE act Of the State of Indiana does
not provide or purport to provide any
remedy for such shortage of cars and
transportation facilities and has no ten
dency to remedy or prevent shortage
Of coal.
SAYS COMMISSIONERS
POWERS NOT REMEDY.
THE powers conferred on the coal
commission are not suitable to remedy,
mitigate or remove the causes of any lack
Of coal to supply the general demand by
consumers in Indiana or to mitigate the
consequences thereof. But II their ex-
ercise and enforcement is persisted in
will only result in still further aggra-
waiting and increasing the difficulty Of
supplying coal in the state"
The companies set forth their produc-
ton and net earnings from 1905 to 1920
and stipulate the various properties
owned by them, in tabulated form.
They declare they have spent much
time in building up market in other
states and say II they are compelled to
sell their coal in Indiana they are pre-
vented from furnishing coal TO markets
and consumers outside this State and by
reason Of orders of the coal commission
they will lose the markets and consumers
Of the coal and will suffer great and
irreparable loss and damage without pay
dine
process Of law"
orders No. 1 and No. CT the coal
commission, fixing the prices to be
charged and the tonnage to be produced
by the Vandalia Coal Company are cited
in the bin.
According to the complaint, prior to
the passage Of the coal commission act
n contract was entered into with the Ogle
Coal Company Of Indianapolis by the
plnintif. by the terms Of which the
plaintiff agreed to sell to the Ogle Coal
Company all of it's produced tonnage up
to and including March p, 1921.
By the terms OF the contract the Ogle
Coal Company agreed to pay to the
PLAINTIFF an amount equal to the best
price obtainable for the coal, less per
cent OF such price.
The contract further provided that the
Ogle Coal Company should have the right
to contract for the sale OF the plaintiff s
production beyond the period Of current
sales upon obtaining consent Of the
plaintiff to the proposed contract and In
pursuance Of this arrangement the ogie
Coal Company entered into contracts
with many consumers.
oGLE COMPANY
CONTRACT TERMS.
The contracts made by the Ogle Coat
Company were based on expectations of
average running time Of the year 1920.
During the months OF April, May. June,
July and August OF 1920 the running
time Of the plaintiffs mine was poor.
the complaint states. and they say II
they are required to sell this coal ut
the prices fixed by the coal commission
for the remainder OF the contract pc
Rod they say they Will suffer great loss
and will become insolvent and bankrupt
The complaint sets forth the damage
that would result from failure on the
part of the plaintiff to carry out he
existing contracts between the plaintiff
and the Ogle Coal Company and between
the Ogle Coal Company and various con-
sumers. Certain contracts now existing
between the plaintiff and the Ogle Coal
BY reason Of order No. OF the coal
commission. the complaint states. the
plaintiff will operate at a great loss in
1870 and the only way to avoid such loss,
Il Is set forth. is 10 sell coal in inter
state commerce. unbampered by orders
Of the coal commission.
The plaintiff AYERS that on Oct. 3, 1920.
Il could sell coal and receive for II, S.
for mine run, 1925 per ton for lump.
and $475 per ton for screenings. both
in and out OF the State OF Indiana, and
that It could do so now, were It not for
order No. 1 OF the coal commission.
CONTRACT
CONFLICTS.
On Nov. 1, the plaintiff was ordered by
the coal commission to ship fourteen car
lOads Of coal 10 the Indianapolis Coal
Company, to relieve a shortage Of coal
said to exist at that time. The COM
plant states that the plaintiff was I'M
able TO comply with this order without
violation Of existing contracts with its
regular customers.
On Nov. (, the pltintiff was again or
dered by the commission TO ship to an
other city a certain amount OF coal. The
Sore Throat or Mouth