Omaha daily bee., 1905-10-22
PRIVATE CAR LINE HEARING
Attorney for ArmOurs Insists that Company
is Privats Concern.
PROTESTS AGAINST LANGUAGE USED
Takes Exceptions 20 Form of state
ment Made by Commissioner
PrOuty in Referring 60
Present Conditions.

WASHINGTON, Oct H.-The Interstate
Commerce commission was unable to con-
clude its hearing of the private car line
case today, although it was announced
that the list of witnesses had been ex-
hausted. Counsel for the Armour car lines
endeavored to get order closing the
cases in which hearings have been had,
but Chairman Knapp said the commission
might require additional testimony. All
of the cases were postponed, therefore, until
November /, the date fixed for the hear
ings in the cases Of the transcontinental
lines named in the proceedings. The at
torneys for the Armour lines state they
would not put on any witnesses for the
defense, but they rendered the services of
the president of their lines If the commits
sion cared to interrogate him.
Armour Contract with southern.
Lincoln Green of the Southern railway
resumed the stand at the hearing today.
He testified that his contract with the
Armour car lines for refrigeration pre-
scribes that the charges must be reason
able and no higher than charges for like
service on other lines
In my opinion" he said, the present
rates are lower than could be made by the
carriers themselves We have had no COM
plants from shippers"
1t was brought out that the Armour car
lines are able to handle the business
economically for the reason that they have
it all and are able to prepare for it.
Commissioner Clements asked Mr. Green
| II he did not think the shipper would re-
ceive some of the benefits from this eco
nomical service.
Attorney Northrup. for the southern rail-
way, objected to the witness answering,
! on the ground that the question was not
! one OF railroad operation, but purely
| legal
While discussing this from legal point
of view Attorney Reichman said the selfish
ness of the Armour car line would induce
it to maintain a reasonable rate. Mr..
| Northrup added that the Southern railway
insists also upon reasonable rates.
| Commissioners Prouty interrupted to say:
"Then it is the selhshness of the Armour
| line and by grace of the Southern railway
on which the shipper depends"
Attorney Makes Plea.
! Protesting that the commissioner had
stated the matter in an ungracious manner
and unfairly, Mr.. Northrup declared that
! Intelligence and business interests had
built up the refrigeration business; that
it was not matter Of grace
Attorney Reichman in an extended ar
\ eument to the commission said IL is to be
presumed that a concern like the Armour
car lines is doing business for the pur-
pose of making a profit and has horse
sense" enough to make rates that would
foster the business. He said that the
private car lines and the railroads are dis
| tinct corporations and are not associated
together for the spoilation of the shipper.
Now" said Mr. Reichman. Il want to
say that we come before this tribunal as
private enterprise and we deny that we
have made unreasonable charges, but out
side of that we again say that we are
a private business institution. We went
into that country as pioneers, invested our
money, and as 1t paid a profit put it back
to develop the business. We took all the
risks. and now that the enterprise is more
or less successful we are entitled to be
| treated fairly
| On redirect examination Mr.. Green said
that the rate on ice, If used for the re-
frigeration of fruits, was reduced in 1901
from $1.O5 to 60 cents on a ton, and he
admitted to Attorney Barry, for the COM
mission, that under the exclusive contract
the Armour car line was the only con-
Germ that could get the benefit of this rate
F. ". Hazlehurst of Macon, Ga, testified
that there is no profit in raising peaches
and marketing them under the present
transportation charges. He said shippers
think the total rate" of transportation is
unreasonable and the cost of refrigeration
could be reduced The witness estimated
that it costs $40 to send a car of peaches
from Georgia to New York, or about Al
cents a crate