Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-18
Hearing Begun by the Inter-
state Commission.
PRIVATE CAR CONCERNS
MAKING EFFORT TO ESTABLISH
JURISDICTION.
Each Of the Arraigned Companies De-
niles the Authority Of the Commits
sion In the Matter Of Charges.


The interstate commerce commission to-
day began series of hearings In the mat
ter of its complaint against ten railroads
and three private car companies. alleging
unjust and unreasonable charges for the
refrigeration of fruits and vegetables in
transit.
1t is understood that the action Of the
commission in initiating and prosecuting
the complaints has the double purpose If
establishing its Jurisdiction over private car
lines and of correcting the evils complained
of. The contest will be on the point of
jurisdiction. Each of the companies against
which complaint has been filed has made
answer denying that the commission has
authority over its business, each claiming
that the private car business Is not inter
state commerce., and not subject to the
laws regulating such commerce The show
ing made on this point at the hearing Is
expected to furnish valuable data for the
consideration of Congress in connection
with the subject of railroad rate legisla-
ton.
That the commission is of opinion that
1t has jurisdiction is evidenced by its TAX
ing the initiative in the present cases and
also by expressions of opinion in its re-
ports In the past
Many Railroad Men Present.
Chairman Knapp opened the hearing by
reviewing the proceedings Instituted and
calling UP the f1rstscase. which was directed
against practically all Of the roads of south
eastern United States and the Armour car
lines. These roads were represented by C.
b. Northrup of Washington, for the South
ern railway: Frank Gowen of Philadelphia.
Nashville, Tenn. for the Seaboard Air Line,
Atlantic Coast Line, Central of Georgia and
other railways In the complaint. These
roads were served by individual representa-
yves also. The Armour car lines were rep
resented by A. r. Urion and A. F. Reich
man Of Chicago, Ill.
1t developed that practically all of the
roads and refrigerator lines named In all of
counsel.
Frank Barry, an employee. represented the
interstate commerce commission In bringing
out the evidence and in examining wit
nesses. Mr.. Barry stated that several roads
had not filed contracts existing with car
INES, ana these were called for by Chair
man Knapp. Mr.. Urion for the Armour
car lines. objected to proceeding until the
commission had announced the general
scope and purposes of the inquiry and stat
ed whether there is to be a concrete finding
on which some subsequent proceedings could
be had.
Members of the commission, after CONSUL
tation. stated through Mr.. Knapp that
formal complaints had been filed against
speclnc companies to ascertain whether
their charges are reasonable or If discrimi-
nations are made against any persons. The
commission announced that 1t was not pre-
pared to say what its subsequent course
would be- After a more extended protest
from the Armour lines counsel Chairman
Knapp said he presumed 1t would be the
duty OF the commission to make definite
order against any defendants found guilty
or violating the regulations or to dismiss
proceedings in specific cases where the
hn dnDy oil 80
more railroads or car lines.
The first witness called was r. P. Ober,
general agent of the refrigerator car lines
operating on the Northern Pacific railway
He was asked to give certain general infor-
nation applicable to all cases. In order
to save time 1t was decided to accept the
evidence of Mr.. ODER. given in formal
hearing in proceedings against the. Pere
Marquette and Michigan Central railroads
in Chicago on May TO- this year.
Operation Of the Cars.
w. C. RowIey. general freight agent Of
the Michigan Central. was called to give
general testimony regarding the operation
of refrigerator cars on his railroad. He
declared that his road has no contracts
with refrigerator car lines.
Asked II the road had entered into any
special arrangement" with refrigerator
lines, he said the road borrowed during the
fruit season $50 cars from the Santa Fe
fteIr1kcfdtOT bl5pdtCH uHOST an agreement
to loan a like number to the Dispatch line
at other times, but that the Dispatch line
had nothing to do with charges made for
transit or forcing. The road, he said. pays
31-1O0 of cent mile for the cars Dor
rowed, whether they were operated empty
or loaded.
Chairman Knapp directed an inquiry as
to the price charged for ice put in cars
The shippers are charged $3.50 a ton, said
Mr.. Rowley. and he estimated the actual
cost of the ice not including hauls or in
terest on ice house investments. at $1.94
ton. The cost of icing car from Grand
Rapids, Mich, to Boston. Mass, was esti
mated at S25. and he declared it to be his
belief that the price was down to the actual
cost.
Mr. Rowley said his road does not publish
schedule OF refrigeration charges, but the
tariff carries notation that ice will be
furnished to shippers at $3.50 car. At
points where ice Is supplied the road pays
80 ton. This statement was made by
Mr.. Rowley in support of his claim that no
profit is made on ice itself.
Difference in Rates Charged.
F. B. Bowles, freight traffic manager Of
the Illinois Central railroad. testified that
his railroad operates LASS refrigerator cars
and had no agreement with private car lines
for additional cars. He said, however. there
Is difference in the amount paid, accord
ing to the territory in which the cars are
operated. He said the rate north of Cairo,
ILL.,, Is one cent mile. and from Chicago to
the southeast three-Quarters of a cent a
mile. and that hts road was compelled to
pay for service the rate paid by It's COM
petitors, though no contract existed.
Mr.. Rechman. for the Armour lines. In
terrupted to say: 1.-The Illinois Central gets
paid the same when Its cars are used on
other lines"
TT does not" replied Mr.. Bowles. I'VE
receive a per diem charge OF 20 cents a car,
the same as we receive for stock or box
cars"
He then put In a statement to show that
the Illinois Central railroad refrigerator
cars average about forty-four miles a day.
and IL paid for on the mileage basis the re-
ceipts per car would be about 33 cents. In
other words. the private car lines receive a
much higher rate Of service than do the
railroads themselves.
At noon a recess was taken until Pm
Gould Resigned From Wabash.
NEW YORK, October 1S-Announcement