Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-04
ARMOUR CAR LINE BALkS
President Refuses to Answer Questions
Asked by Commerce Commission.
ACTS UPON ADVICE OF HIS ATTORNEY
Says Company is Not Engaged In
Interstate Trade and that COm-
mission Has No Juris-
diction.

bins Of the Armour car line and Traffic
Manager Sproule of the Southern Pacific
company declined to answer questions put
10 them in the private car line inquiry to-
day. both acting under instructions Cf their
counsel. The examination of Mr.. Robbins
was intended to show that the Armour car
-" through Armour & Co. or other firms
-~iness other than that OF
~ 1A~,,,t,. iroads and refrigera ting
perishabIe 80. is. Mr.. Sproule was ex-
amined regarding an alleged pooling con-
tract between the Southern Pacific and
Southern California railroads
When the information was denied TO the
commission it was announced that the
hearings would be adjourned indefinitely.
No action was taken regarding the declin-
ations
Attorney silences witness.
George b. Robbins of Chicago. president
Of the Armour car lines, was the first wit
ness called today.
Mr.. Robbins had testified that the Ar
mour car line operates 1850 cars and was
about to answer a query as TO the capital
stock of the company when Attorney
Reichman, for the Armour company. inter-
posed an objection that the Armour car line
was not engaged in interstate commerce
and avorred therefore that the commission
has no jurisdiction. Mr.. Robbins testi-
fed in support of Mr.. Reichman's conten-
tion that the Armour car lines are not en-
gagged in the transportation of carrying
business but solely in the business of leas-
ing cars to railroads and furnishing re-
frgeration to shippers He asserted that
the respondent railroads have no part in
fixing the charges for refrigeration, nor
the car lines any part in fixing the charges
rf.tf tatr hxy
torney Barry with the testimony of witness.
Mr. Barry said he would show that the
Armour car lines are engaged in the fruit
and produce business.
Mr.. Reichman precipitated long general
discussion by bringing his mo jurisdiction"
plea again to the fore.
Eventually counsel for the car line per
mitted Mr.. Robbins to answer a query pre-
viously put. He said the company is not
in the fruit or produce business. j. II.
| Call of Los Angeles, who has assisted Mr..
Barry and vino also is acting for California
fruit interests. then took charge of the ex-
! animation and, under instruction OF coun-
sci. Mr. Robbins declined TO answer a num-
/ ber of questions.
Again Refuses TO Answer.
| President Robbins resumed the stand this
| afternoon. Mr.. Barry asked as to the
average cost Of refrigerating cars. The
witness, contrary to the ruling Of the chair
! man and under instructions from counsel,
declined to answer,
Questions as to the average daily move
ment OF cars, the average life of cars and
the basis on which the company assessed or
fixed charges were not answered under
similar circumstances. Mr. Robbins was
asked to give lists of icing stations and
coot ~ ica and oueetions rala tive IN tariffs
on citrus fruits, the witness refusing to
answer on the ground that the commission
I had no Jurisdiction. The book present at
the hearing at Chicago the Armour
telegraphic code book was taken up and
the chairman read from it: "Launch-bet-
ter arrange rebate" then asked what this
meant. This and all other questions were
not answered upon advice of counsel. Then
Mr.. Robbins was dismissed from the wit
ness stand.
William Sproule, trafhc manager of the
Southern Pacific company, testified in re-
iation to its contract by which the Armour
car line supplied his road with refriger-
ator cars Attorney Dunno advised the
witness not to answer any questions in re-
lation to al contract between the Southern
Pacific and Southern California railroads
for the maintenance of rebates on the
refrigerator charges and not transportation
rates The commission instructed Mr.
Sproule TO answer, but he declined. Com
missioner Prouty declared the contract tc
be "a pooling agreement"
The witness refused TO say whether the
contract is still in effect.
Terminal Charges on Live stock.
The Interstate Commerce commission, In
a decision announced today in the live
stock terminal charge case, holds that the
delivery of cars of stock to the Union stock
yards in Chicago, which was done without
a charge additional 10 the freight rate, was
in no sense a gratuity, having been in
cluded in the rate; that outside Of the ex
cIuded territory a terminal charge for de-
livery to the Union stock yards in Chicago
of 81 per car is reasonable and that the
terminal charge of 81 per car. exacted since
June l. 1894, is unreasonable. Tho com
mission retains the case for further pro
ceedings in the matter OF reparation.
Texas Cattle Rate Unreasonable.
The Interstate Commerce commission to
day announced its decision in the case o.
the Cattle Raisers association OF Texas
against the Missouri. Kansas a. Texas
Railway company and others in relation L
the advance in rates on cattle from points
( north Of the Texas quarantine line. Th'
commission holds that the defendants ad
vances in live stock rates during 1903 wer
unjust and unreasonable TO the extent o
such advances.