Evening journal., 1905-05-25
REFRIGERATORS
AID THE GROWERS
Courts Have Not Decided
Status Of Private Car
Lines
DEVELOPED THE FRUIT INDUSTRY
Rx William Wolf Smith.

ate committee on Interstate Commerce,
"A. r. Urion. OF Chicago general
counsel Of the Armour Car Lines,
pointed out that The courts had never
vet been given an opportunity to pass
upon the vital question as 20 whether
or not these companies were common
carriers OF whether they were or were
not already under the Interstate Com
merce Act. He quoted Justice Brewer,
Of the United states Supreme Court.
to the effect that the character of the
service and not the character OF the
carrier determined whether the service
IS Interstate Commerce or not, and
stated that no count had ever ruled
on the question as to whether the
furnishing of ice for the refrigeration
of fruits or vegetables in transit was
the act of common CARRIER or not.
why lesislate on a question which
may come before the courts" he in-
ouired ''when the courts may hold
that we are common carriers? or when
V YOU do legislate to make us common
carriers the court may declare that
what we do is not Interstate Com
mercer" He argued further that II the
private car lines were common carriers
there was plenty of law to deal with
them and there was no necessity for
further legislation.
DEVELOPED FRUIT INDUSTRY.
MI urion explained the reasons why
the commission merchants represented
by +. M. Ferguson. OF Duluth. and
George r. Mead. of Boston. were so
persistentiy antagonlzing the private
car lines. Before the Introduction Of
the refrigerator car the commission
merchants handled goods on commits
sion and stood no chance TO lose. but
with the refrigerator car the fruit
buyers went into the fruit growing dis
tricts and the consmission merchants
We're compelled now TO buy on their own
account and operate on their own
capital instead Of that OF the shipper
and grower on the other hand these
car lines have developed the fruit in
drstry. created a greater demand for
fruits. broadened the market and
brought the buyers into the orchards
an to the great benefit OF the fruit
growers.
He called the attention Of the COM
nittee 10 the significant fact that not
single grower had appeared to protest
against the operations Of the lines
while a dozen or more had appeared
to testify as 10 the incalculalble benefits
they had received from the use OF re-
frigerator cars.
Taking up the subject Of exclusive
contracts Mr. Urion pointed out that
the courts had declared them TO be
legal. citing the case Of the Pullman
Car Company In Texas and other eN-
elusive contracts made by the railroads
dnd even by the United States Govern
lhent Itself Most OF these contracts.
he said, had been made as the direct
result OF the request Of the growers to
the railroads. u merely want 20 show
that there Is more than one side to the
question he said sarcastically
HAZARDS OF THE BUSINESS
Illustrating the hazards or the BUSH
ness, he referred to the losses Of the
North Carolina strawberry growers
during the present season which will
cost the Armour lines from $4,000 10
100000 ana where a representative Of
the company is now adjusting the
claims with a committee appointed by
the fruit growers themselves.
Mr.. Urlon then presented the records
20 show the attitude OF the Interstate
Commerce Commission toward private
car lines. He thought the agitation
conducted by the commission was re-
sponsible for the misapprehension in
the public mind concerning the private
car system. They had conducted one
Investigation after another. but not
wlthstanding an the Efforts Of the rail-
road attorneys and the attorneys of
the private car lines. they had been
unable 10 secure from the Commission
am order which would enable them 10
take the matter into court and obtain
judicial decision.
Although at the recent hearing IN
Chicago an attempt had been made
TO secure an order from the Commis-
sion based on previous testimony. or 10
have the commission drop the case
pending the outcome Of the agreement
between the Pere Marquette railroad
and the car line company under which
the charges would be reduced from rs
10 30 per cent, the Commission refused
TO make such an order and persisted
in continuing the hearing. As a result.
Substantially the same witnesses were
ralled that appeared in May and the
same testimony was heard again.
CASE KEPT OUT OF COURT.
Although the National League Of
Commission Merchants. the only COM
plainants, were willing to have the
case go into court on the order Of the
Commission, the latter refused to make
one and the motion was denied.
In reply to questions by Senator
Foster OF LOUISIANA. Mr.. Urion sounded
a note OF warning TO the effect that Il
the private refrigerator car lines were
placed under the Interstate Commerce
Commission the development OF the
fruit industry Of the country would be
checked.
We would not know" he said en-.
phatically, how much further we could
90 in evelopingtheindustry The Com.
mission has already expressed the
opinion that our business should be
conducted by the railroads and we
would not be inclined to build ur
further a business 10 be taken away
from us. We fear connscation. not out.
right. perhaps, hut the Commission Il,
on record as saying refrigeration should
be done at the bare cost Of Zee and
labor II they had the power they
would probably reduce the rates TO thi,
point and we could not live. We could
not live a week"
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Improved Train Service Between vii.
fninokon and philadcl,,i. e