Evening star., 1905-11-03
DECLINED TO ANSWER
Head of the Armour Car Lines
Instructed by Counsel.
VITAL POINT AT ISSUE
JURISDICTION OF INTERSTATE
COMMISSION QUESTIONED.
President Robbins Declared That His
Company Did Not Fix Charges
for Transportation.
VITAL POINT AT ISSUE

George B. Robbins of Chicago, president
of the Armour car lines. was called as a
Witness today in the private car line in
qufry before the interstate commerce COM
mission At the outset the counsel for the
Armour lines, led by Attorney Reich
man, opposed intimate inquiry into the
details of the Armour company's business
on the ground that the interstate commerce
commission had no Jurisdiction over these
private interests. Mr.. Robbins had testified
that the Armour car lines operate about
1880 cars
Attorney Frank Barry, for the commits
sion. asked the amount of the capital stock
of the company, and the commission sus-
tanned an objection against this inquiry, de-
spite Mr.. Barry's insistence that the in
formation was necessary to arrive at the
basis of charges for refrigeration and the
profits in the business. Mr.. Barry then
asked how many cars, owned by the Ar
mour lines, engaged in the packing
house business, which question preciptated
the objections by the company's counsel.
Chairman Knapp announced that the in
quiry seemed proper whereupon Attorney
Reichman repeated his claim that the COM
mission is without jurisdiction. He asked
permission to interrogate the witness to
make the attitude of the company clear on
the records.
Charged Only for Refrigeration.
The request was granted, and Mr.. Rob-
bins then testified that the Armour car
| lines not engaged in the transportation
| or carrying business. but solely in the busi-
! ness of leasing cars to railroads and fur
| nishing refrigeration to shippers. He assert
| ed that the respondent railroads have no
| part in fixing the charges for refrigeration
! nor the car lines any part in fixing the
| charges for transportation.
Issue taken by Attorney Barry with
| the testimony of the witness that his COM
| pany was engaged solely in the business
| of leasing cars and icing shipments. Mr..
| Barry said he believed he would be able to
show that the Armour car lines are en-
gagged in the fruit and produce business
Mr.. Reichman interrupted to declare that
! Mr. Barry'S statement was 'unQuallfiedly
wrong and a misrepresentation.
Il believe l could show by the witness
that the Armour car lines and Armour &
Co. are the same said Mr.. Barry.
Jurisdiction Denied.
Continuing his statement Mr.. Reichman
again asserted that the commission is with
out jurisdiction and that If the private car
line did give preference to Armour & Co.
it was a private matter and one over
which the commission has no control He
denied the charge, but said that expressed
the attitude of the Armour car lines, which
are engaged In performing a purely local,
| and not interstate service
"WlTat if it should be determined that
| you are mistaken and it should be shown
that the commission has authority?' asked
| Commissioner Clements. THE commission
did hold, in the Michigan Central case, that
We had jurisdiction and as a result the
! Armour car lines Cancelled their contracts
Later he corrected his statement, saying
I that the contracts were Cancelled by the
| railroad.
| Mr.. Reichman protested against the long
continued agita ation against the private car
lines, calling attention to their inability
| to have the question expeditiously brought
| before court for determination.
| After discussion of the issues by At
| torney P. F. Dunno for the Southern Pacific
| railroad, Con missioner Prouty said:
Il apprehend that this discussion is for
| political effect, as the Armour lines do not
| desire to go before the country as having
anything to conceal"
Protesting that he had not come before
| the commission as politician, Mr.. Dunno
| then said: I'VE have come to the
| parting of the ways. have no doubt that
when you question the witness as to the
private business between the Armour Car
Lines and Armour & Company the counsel
for the former will instruct the witness not
to answer. 1t is a. simple matter of power
that must be determined. The commission
can certify the matter to the circuit court
for determinations
The original question by Mr.. Barry as to
whether the Armour Car Lines are en-
gagged in any other than the two characters
of business stated was repeated. and the
counsel for the private car lines permitted
the Witness TO answer. he SAID the
pany is not, to his knowledge and certain
ly not in the fruit or produce business.
Declined to Answer.
j. II. Call of Los Angeles. who has as
sisted Mr.. Barry, and who also Is acting
for California fruit interests. then took
charge of the examination. and under in
structions of counsel Mr. Robbins declined
to answer a number of questions.
Chairman KnaDD announced that tha
commission would confer to the char
acter Of questions it would require the wit
ness to answer
Mr.. Robbins was asked to step aside and
George w. Felts, refrigeratin manager of
the California Fruit Growers Exchange,
was called He testified briefly in relation
to the details of icing cars, and the COM
mission then took recess to confer re-
garding the examination of President Rob-
bins.
Homer Joslyn, twenty-eght years of age
and Gartano Valente, thirty years DID, en-