New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-23
THE RAILROADS SIDE.
THEIR DEFENCE AGAINST CHARGES OF
DISCRIMINATION.

CIAI. FACILITIES FOR THE MILK TRAFFIC.
The case for the defendant railroad companies, on
the charges OF discrimination in milk freight rates
brought by the MIX Producers Association. was
opened yesterday morning when the fifth days
hearing before the Interstate Commerce Commits
sion was begun in the Federal Building
OPENING BY COUNSEL.
John l. Batey, counsel for the Lehigh and Hudson
Company, made the opening argument on behalf OF
all the railway companies concerned. He remarked
at the outset that the complaining milk producers
were not poor and distressed had been init
mated. he to Judge by the eminent and
expensive counsel whom they had employed. Mr.
Batey said he would show in evidence that the
Erie FOR road, had constructed Its orange
County branch in order that the Orange County
farmers might be better enabled to market their
milk In New-York He maintained that. owing to
the increased population of NewYork and its two
big sister cities the Orange County supply became
inadequate, and the dealers were forced to open up
new territory in Sullivan and other outlying coun-
ties. II was thus. and gradually, that the dealers
had 90 TO remote places meet the constantly
increasing demand OF NewYork
Mr.. Batey said that ordinary freights the
factors of distance and hauis Almost Invariably
governed the rates. but that the milk traffic was 50
peculiar in rs necessities tina, 1t demanded the
charge OF the uniform rate under which the bns-
he'd BEEN nurturei and maintained Despite
the long haul counsel contended, the price OF mix
had been increased the customers OF the
cities. and, moreover. it was a fact that milk was
worth the Orange County producer t0-udy
than = twenty years ago.
PROFITS OF THE WEsTCOTT CONTRACT.
J. 5. Milburn counsel for the Delaware. Lacka-
wanna and Western line. explaine,; t:at Mr.. West
colts contract with the road. although prohtao'e'
was oppressive either dealers or the railway
inasmuch he had increased the road traiiic
from 10000 cans of milk in 1856 to ln''Vv ca III ia
1894 This Increase wholly due 10 MT. west
COTS organizing ability and energy. MI estcott
profits from the traffic were not. Air. MilDurn con-
tended. eXiravagant, considering MS success ~. n
creaslng or virtually creating new and profitable
traffic Tor the Lackawanna road Coinsei closed
by maintaining that the MIX trafhc received spe.'iii
facilities which justified special rates, ana that II
many respects analogous to the express
business
FACILITIES FOR ORANGE COUNTY.
Grinnen Burt president of the Lehgh and Hud-
son River Railroad Company. was then called TO
the stand by NJ. Batey. He said his line was
originally the Warwick Valley road, built between
1859 and 1862 and was the second branch buiit by
the Erie Company in Orange County. 1t was con-
structed principally for the transportation OF mix
from that district. and had been the means OF hep
ing build up the milk trade in orange Conn, ,
Before the lin. was built tne farmers Wert co,ni
PEELED to sell their NIL i'm New-fork 10 indvihhal
sustq bn 10 by the facits aorded them by
the railroads sh their mix IN one iatSe qua n
direct a wholesale dealer. lie tnOusnl tlidt
80 per cent Of the milk delivered in New-lork was
bought by wholesale dealers. on the me OF when
ne was president the witness sad ,nilK-receiVlng
stations had been built at intervals OF ABOUT TWO
and one-haif miles for the convenience OF iarmei =
while his line had a.so encouraged the pl.i1lns OF
creameries. which were a source OF SAVING 10 'he
O-Now. since the building OF your line have the
rat for nix always been uniform, irrespective ot
distance? Ayes. that has always been So
Q.-Are you able to tell what tle rate vas IN me
early history of the line; Al think II ~ds ABOUT
80 cents can. Prices for milk transportation nave
frequently varied. but with one exception they nave
been reduced and not increased
MIR. CHOATE'S CROSS-EXAMINATION.
c.ross-examIned by Mr. Choate-Does your line
charge the same for thrse miles as ii does io-
YOUR whole distance of sixty-;hree miles? A-Yes.
Q-Do you think it right and fair to charge a
uniform rate Irrespective Of distance? A-fes.
The producers generally get the benefit or any
change in the rates. ~,
A~Oh. it is in a terrible state. daughter
Q-And you endeavor TO improve things by c mars
make something out OF mix, | don't know what
could make II out OF Renewed iaughterJ =.
Q.-How do you justify the fact that you make
more profit on milk tnan on any other article you
carry? A.-Well. have never heard any COM
o"rhen YOU think that the price OF freishts de-
bends upon the interests OF consumers? A.-Cer-
jainly. the consumer is first. and comes before
OEBecaise your coal rates do not pay. | sup
pose you make up for it on mix? An meas
X A. Wilcox. general freight agent Of the New
York New Haven and Hartford company; Samuel
d. Coykendall. president OF the lister ana Delaware
of the West Shore Ra road. each gave evidence as
to the special and costly facilities watch their re-
spective roads gave to the max traffic
The hearing then adjourned I'll this morn
ing Comm!ssoner Morrison announcing that after
to-day the Commissioners would be unable TO hear
further testimony until next month.