Show r I FLEE FORT DOUGLAS INCLOSURE Ii I l MINt MN MEN MENI I ROADS AO PAY t I DAMAGES I II I Producers in Brief I fled With Commerce I S Say ay R Rail Rail- al 1 1 ays ayes 1 IB Are Discriminating Discriminating I ME I I i TENDING that the com com- ants have shown that j I a s have discriminated I i t to Utah coal producers ia Ia i lie a hey have not supplied I In n cars ars to meet the output of ot damages damages' Inca nes and that heavy awarded I Ii H. W. W I manager lager nager of ot the traffic 1 I reaU of Utah has tiled filed a brief brie j if f the tho coal companies with i i ate commerce commission o are p tho the Cameron j man the Independent Coal lc company the tho Spring CanI Can- Can I and tho the Standard while while- the tho defendants q enver R Rio Grande rall- rall h Union Pacific the Oregon Ore Line the Los Angeles Salt I and other transports transports- I rig of ot the petition was held v n Salt Lake Lake- before ler Marshall of ot tho Inter Inter- C commission Mr IL directed that the petition petition- e C should be bo tiled filed by Decem- Decem and the tho defendants given gl a alo at t lo reply Word Vord was received r today Informing him hime f e had md been accepted In l presented IN UNISON producers and railroad oper- oper unison on one ono point re- re case and that Is that It the greatest tho the Interstate com com- Commission grant the prayer of ot It means that the alIIs al- al shown to mine miner r n Colorado and the tho Utah must cease In a word hat at there will be a greater lon of coal at tho the mines owned s Complainants thereby provid- provid ater revenue to Utah h hero here certain evl- evl WU as adduced to show that as M charged existed their case caO the petition petition- the railroads should information showing cars mines and other compared to the tho movement t to cries of ot the tho complainants The Thel l alleging that the tho tn pra era wanted the time railroads to toh h case against themselves EXPLANATION to m evidence given Iven Mr fr contended that the petitioners to tho Information other her things the tho Denver ande is asked to show the theof theof of It hours worked b by coal on n ts lines and an nn lIts Ilta Its failure to keep open and andaU aU atlon auen n the through outes foutes es- es the tho petitioners petitioners' mines Pacific Is asked to show offered to time th I 4 In lr the matter of nice compared d with Utah Other lOther companies p 1 are aro asked I Continued on page pace 4 I I COAL MINE ME i ito t a ad d to show the number of c car r for coal loading j The questions Involved a as a n I the petitioners petitioners' brief are j 4 I I 1 Burden of proof 1 2 Do the the provisions of Jt t t tto I. I to regulate commerce Imposed impose upon a connecting carrier c tiers to furnish the I ncr rier riel with wih a fair cars required d to move coal coato coalo o I through routes and joint rates when destined t ton to fd located on the lines of sue SUC fleeting carrier carder or carriers dun durl nods of car shortage j j 3 Does tie the tie act of assign allotting to one state or loc loca unfair proportion of Its is car car facilities as against another s s sj j locality served by the samel constitute a discriminatory j j by such carrier catTier under the p c cof j of the act to regulate comm Plo I 4 Where a carrier adopt applies apples during periods of ca caage car age the idle hour system 1 distribution does the refusal refusal- carrier to count the cars allotted to a certain mine o OE which coke a part Jart of their co cp oi put constitute an undue pr lr pre and advantage antage a as 1 the provisions pro of the act to tor f r commerce 1 5 Does a carrier under tb th visions of the act net to regulate t merce possess the right to to d mines located lo upon a the tile use of its equipment to mo mo destined to points on is its lne lines line ond yond until the maximum 3 1 ments of ot mines local on its l line been supplied J 6 Is there any warran warrants warrant the provisions of 01 the act to i r 1 commerce authorizing a- a acar a car discriminate in the distribution n cars car during periods of car sh s1 as between en commodities commodities' ALLEGES DISCRIMINATION These si six questions are deal at length lengh in the brief of 01 th the toners who argue that a coth eor carrier should furnish an carrier carIer with a fair lair cars that the railroads hav have discrimination In supply supply-in to other Ields to the Utah and that more atte ate t tio been paid to moving ore than certain cases the evidence of oZ Wild Jr of the Denver Rio Ro J railroad being cited in this r The petitioners contend tha tila ha have made de out their case it i is Incumbent upon the tile furnish the information delre that on the strength of such in iri tion lon coupled with wih the e heavy y damages should be ai and the tile alleged discriminator so that Utah mines may more more mor t operate j The Tile petitioners claimed v'S vS damages damaged but no specific sum before the commission It suJ b that It I is the duty to assess liability accod accord the merits meris o of the he complaint j |