The Birmingham age-herald., 1905-10-19
BATTLE BEGINS ON PRIVATE CAR LINES Commission Will Make Ruling
 on the Subject MANY ROADS INVOLVED Railroads Give Shippers Lower Rate for Icing Cars Than Do Owners
 of Refrigerator
 Cars.

Cars.
 Washington. October 1s.-What promises to extend into a legal and legislative bat tie against private car lines was precipi- tated by the interstate commerce commis- sion by the course taken today at the beginning of the hearing instituted to show the connection between refrigera- tor car lines and railroads.
 Counsel for the commission used every effort to bring out the fact that great railroad systems operating their own re- frigerator lines give to their shippers a much lower rate for refrigeration than is obtained on roads that are compelled to operate in connection with private car lines. In this the railroads, notably the Illinois Central and the Pennsylvania. through their traffic freight managers who were on the stand the greater part of the day, apparently aided the com mission. As result there were many sharp tilts between the counsel for the commission and the attorneys for the Armour car lines and other private com panies. The action of the commission Fin initiating and prosecuting the com plaints, has the double purpose of estab- fishing it's jurisdiction over private car lines, and correcting the evils complained of
 The chief contest is expected to de- velop on the point of Jurisdiction.
 Against Southeastern Roads.
 Chairman Knapp opened the hearing by reviewing the proceedings instituted, and calling up the first case which was di- rected against practically all of the roads of the Southeastern United States, and the Armour car lines. These roads were represented by c. B. Northrup of Wash ington, for the Southern Railway; Frank Gowan of Philadelphia for the Pennsyl- vania, and Ed Baxter of Nashville Tenn. for the Seaboard Air Line, Atlantic Coast Line, Central of Georgia and other rail way companies in the complaint. These roads were served by individual represen- tatiVes also. The Armour car lines were represented by A. R. Urion and A. F. Reichman of Chicago Frank Barry, who represented the interstate commerce com mission in bringing out the evidence and examining witnesses, stated that sev- eral roads had not filed contracts exist ing with car lines, and these were called for by Chairman Knapp.
 MT. Urion for the Armour car lines objected to proceeding until the com mission had announced the general scope and purposes of the inquiry, and indi- cated whether there is to be a concrete finding on which some subsequent pro- ceedings could be had
 The commission after consultation an- nounced that formal complaints had been filed against specific companies to ascer- " bpt bpf obar or if dscriminations are made against any persons, and that it was not prepared to say what it's subsequent course would be.
 Should Make Definite Order. Chairman Knapp said he presumed it would be the duty of the commission to make definite order against any defend- ants found guilty of violating the regula- tions. or to dismiss proceedings in specific
 cases where the proofs sustain the de- nials of any one or more railroad or car lines.
 w. c. Rowley, general freight agent of the Michigan Central, testified that his road has no contracts with refrigerator lines; that 1t had borrowed during the fruit season 250 cars from the Santa Fe refrigerator dispatch under the agree ment to loan like number to the dispatch line at other times but that the dis patch line had nothing to do with charges made for transit or for icing The road he said, pays three-quarters of a cent a mile for the cars borrowed whether op- erated empty or loaded "The shippers are charged $2.50 a ton for ice put in cars" said MT. Rowley. He estimated the actual cost of ice, including hauls or in- terest on ice house investments, at $194 a ton. The cost of icing a car from Grand Rapids, Mch to Boston, Mass, was timated at $25 and he contended that the price was down at the actual cost"
 MT. Rowley said his road does not pub fish schedule of refrigeration charges but the tariff carries a notation that ice will be furnished to shippers at $250 a car. At points where ice Is supplied by local dealers the road pays S2.5O ton, Mfr. Rowley's claim was that no profit Is made on ice by the road.
 No Agreement With Private Lines. F. R. Bowles, freight traffic manager of the Illinois Central railroad, testified that his railroad operates 245S refrigerator cars, and had no agreement with private car lines for additional cars.NlHe sad however. there Is a difference in the amount paid, according to the territory in which the cars are operated. He said the rate north of Cairo. Ill.,, is l cent a mile, and from Chicago to the southeast, % of a cent a mile, and that his road was com pelled to pay for service the rate paid by its competitors, though no contract existed. MT. R. Rechman for the Armour lines | interrupted; "The Illinois Central gets paid the same when its cars are used on other lines" Tt does" replied MT. Bowles. We receive per diem charge of 20 cents a car. the same we receive for stock or box cars"
 MT. Bowles filed a statement to show that an Illinois Central railroad refriger- ator car averages about forty-four miles day, and if paid for on the milage
 basis the receipts per car would be about 8 cents. In other words, he said. the pri- vate car lines receive a much higher rate for service than do the railroads them selves
 At the afternoon session MT. Bowles gave testimony regarding the cost of icing cars from Louisiana points to Chicago. Specifying ten cars of berries shipped from Independence. La, to Chicago, he said they were iced three times en route. and the total cost of ice for them was $405, the Ice costing the company from 8 to s4.90 a ton.
 Mir. Barry for the commission, said he believed these figures would furnish basis for figuring the cost of icing. Testimony Will Stand.
 MT. Reichman. for the Armour lines, moved to strike out MT. Bowles' testi- mony on the ground that MT Bowles did not personally make the observations he quoted. and that no opportunity had been given to cross-examine the persons who