Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-02-28
oom GIANTS or enowHHs.

pAnys AoB1ro the Interstate CONF
pnerce Commission.
The complaints Of discrimination and
exorbitant freight charges preferred be- ,,
before the Interstate Commerce Comnis.
sion by Delaware State Grange, Patrons
OF Husbandry, against the New York,
philadelphia IL Norfolk Railroad Com.
pary, the testimony In which was fully
eiysu In the GAZETTE during tho hear.
ings in Dover and Washington, was
argued before the commission in WaBh.
ipgton Tuesday.
George II. Bates and Levi O. Blvd,
Esqs of this city, represented the com
plainants, and ex Judge James A. Logan
of Philadelphia and George v. Massey,
Esq, Of Dover, represented the respond
enta. Me-. Bates opened the argument.
He referred TO the general characteristics
Of the Peninsula, which, be said, was
wholly agricultural, its general freight
was Of character which was not lost BY |
the railroads travefsing iis territory by |
reason Of bsing ongrossed for short |
me 10 the transportation Of the peach |
and berry traffic. He said further that |
the Delaware system gridir0ns the PENN
sula and has no competitor.
The main stem was chartered in 1886,
but II was not until 1858 that the work
Of building the road was prosecuted with
yigor. Tine road wns projected By the
people along It's line and substantially
aided by the state with credit and with
an exemption from taxation for 50 years az
public work calculated to increase the
value OF the lands and to afford facilities
for the transportation OF the natural
products of the State of Delaware,
After IL was opened for travel II was
lsaeed by the Philadelphia, Wilmington
4 Baltimore Railroad Company, and by
subsequent absorption OF that property
by the Pennsylvania company the Dsls
ware railroad and Its branches became a
part OF the Pennsylvania system,
A critical examination OF the figures
appertaining 10 the fruit traffic from year
to year Indicated that the growth Of that
traflie had not been commensurate
the increase OF population. He
took the actual shipments as better evil
denos on this point than the more OF less
conflicting statements of individuals
whose location and the character Of
whose lands differed.
The statistics showed that the business
of fruit raising on the Peninsula WAY be-
ting literally strspgled TO death by ex
oessiye rates OF freight. He went Into o
critical examination OF the rates in detail,
comparing the rates Of fruit with those
on grain and other products, which, he
claimed, showed the unressonableness Of
the charges on the former.
The fact that the rates were high or
fruits was practically confessed by th'
defendants, who gave various excuse'
therefor. He asserted that in tue tjrs
place the expenses and delay ct httins
mp cars for tile purpose OF transporting
peaches and berries after deducting TO
the material, which Ia not lost but re
mains over from year to year, amounts Il
@10.75 per car, or two cents per baske
ON q single load.
In the season Of 1887 the average mum
Der Of trips for the whole number of car
which wore at any time engaged in iii
service WAS two TO the oar, which woul
reduce this expense TO one cent basket
and In 1885 il would be reduced to a
almost inhnitesimal fraction of q GEM
Another excuse for the high rate was th
extra service on the part of the ralltoa
company Mt stations. He alleged thu
fhe proof did mot bear this out.
The high rate OF speed required for u
transportation Of these periahRble treigh
WAS also made an excuse for high rate
but the ststistics Of the railroad Shove
an average speed Of not exceeding ]
miles on any section of the road. Thei
was no proof that any extra service o
the train was required and as to th
speedy delivery at Jersey City, whic
the railroad company alleges as rsaso
for tbs alleged exoroitaut rates, thei
was no delivery at all by the respon,
snt company, for they simply opsne
the cars and the oonsignees had to unlo'
them.
Mr.. Bates also Faid that there was
concurrence OF testimony that an ear
delivery at Jersey City, which is the vii
thing with respect to this class Of tram
IN not and has not been realized, that q
testimony Of the yard master at jers
City was alone 10 opposition to the Q
men and commission men, and what
had testified to was merely hearBay.
great deal of stress was laid upon :
number OF cars which were necessari
kopt idle by the defendants during t
peach season, but an examination OF I
figures submitted by Mr. Provost, genel
manager of the system, showed beti
than ANYTHING else in the case the
reasonableneas in the rats OF freight. y
Bates said that Mr.. Provost shog IL
there were in 1887 oars idle suihNiept
number and time to be equivalent
10000 idle cars for one day, aud 1t
peared that those cara earned in pea
freights $722 per car on the averas
Mr.. Provost stated that suoh CARS oue
to earn IS day. Hence, sfter all
penses were paid, the rate would ps
per cent too high.
The counsel OF the Delaware grang
said that the result of 1883 Is still ms
btrikinq, and that 1878 oara earned d
Ing the peach season an average OF W
per car. or equal to 53l days earnings
an average of @5 car for less than
DAYS of sctual service. The suggest
on the part of the respondents that
peach business did not pay OF ITSELF
o novel one. He quoted from the repe
OF the Delaware Railroad Company
show that, year after year, the
cess or failure Of the fruit o.
was used by the directors 70
count for the increase or decrease OF
earnings OF the railroad company anc
charged that the policy OF the Penn'
vania company had been to load up
operating expenses on the pelaWaf9
soed for the purpose OF reducing the
plus which would go to tho stocSholt
Of the latter road. He olosed his 81
ment by the statement that the aver
of operating expenses charged TO the
aware railroad ia very much above
average of operating expenses OF
roads In the United States, and tna
face Of the fact that in the reports OF
own enpipssrs it is Ayowed that 1t II
exceptionally cheap road to operate
THE OTHER SIDE.
Mr.. Massey, for tbs defendauta,