The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-24
CITRUS FRUIT
CASES DECIDED
Rate on Lemons Is Held to Be
Reasonable.
THAT ON ORANGES UNJUST
SANTA FE AND SOUTHERN PA
cIFIc INVOLVED.

w dsHiuStOH, req. cine inter-
state commerce commission. in an
opinion by Commissioner Clements. to-
cay rendered it's decision in the Cali
fornia orange cases brought by the
Southern California Fruit Exchange
and the Consolidated Forwarding COM
Iany against the Southern Pacific and
Atchison, Topeka & Santa Fe railroad
systems. in which il holds that the
defendant carriers are Uniawfuliy en-
eaged in pooling the traffic in citrus
fruits originating in southern Califor-
ria and carried by them and their con-
nections to eastern markets; that the
defendants by compelling the shippers
to pay icing charges as eSta bliShed by
the car lines have made such charges
part of the cost of transportation and
subject TO regulation under the law,
and that the rate on oranges in car
loads from southern California to
points on and east of the Missouri river
are unreasonable and unjust. The rate
on lemons is held to be reasonable, and
present refrigerating charges are held
to be not unreasonable. This decision
by the commission is on questions re-
served in a former decision by the
commission in the same cases. which
prohibited carriers from denying to
shippers of citrus fruits from Califor-
uia TO eastern markets the right of di-
recting over which of the established
lines the shipments should be carried.
Rulings Made.
Rulings are made as follows in the
decision now rendered:
The carriers minimum carload
weight of $4,000 pounds on citrus fruit
in refrigerator or YentilatOr cars from
southern California points to eastern
destinations is not unreasonable With
the forty-fOot car in general use
Whether or not the regulating stat
ute applies 10 refrigeration charges in
all cases, the defendants, by compel
ling shippers to pay icing charges on
citrus fruits as established by the car
lines or do without necessary refrig-
Grafton for the traffic. have made these
charges part of the cost of Transport
tation and subject to regulation under
the law.
The refrigeration charges applying
on these shipments of citrus fruits to
eastern markets have been reduced
during the tendency of this proceeding
and the present charges for refrigera-
ton are not found, on the record in
this case, to be unreasonable.
Unlawful Pooling.
The defendant carriers are unlawful
" engaged in. pooling the traffic in cit
rus fruits originating in southern
California and carried by them and
their connections to eastern markets,
the proceeding is reserved by the COM
mission in view of the tendency in
the United States supreme court of an
appeal from like decision of the cir
cult court for the southern district of
California in a suit brought by the
commission to enforce its order as to
the routing regulation above men
toned.
The defendant carriers present rate
of 81 per 100 pounds on lemons in car
leads from southern California TO
points east of the Missouri river is ap-
Sarently reasonable.
Unjust Rates.
The defendant carriers rate of SIPS
per 100 pounds on oranges in carloads
carried from southern California to
points on and east of the Missouri
river is unreasonable and unjust. and
in the opinion of the commission it
should be reduced Is cents per 100
rounds, but if the time of service to
eastern markets should be restored to
the old basis as indicated by eight
days TO Chicago and twelve DAYS to
New York a rate as high as $1.15
would perhaps be fair and reasonable.
Commissioner Prouty concurs in the
proposed order and recommendation of
the commission, but does not agree
with some of the facts found and con-
illusions drawn in the majority opin-
ION SuCn concurrence Is based main
~ on the ground that the S12 rate on
oranges is unreasonable because the
time necessary in transporting these
fruits to eastern markets has been
greatly heightened
Knapp Dissents.
Chairman Knapp dissents from the
decision. The chairman says that in
several important particulars the find
ings in the majority report do not ac-
cord with his understanding of the
proofs, while the differences therein
drawn are not warranted i'm his judg-
ment by due consideration OF all the
facts and circumstances entitled TO be
taken into account. and further that
even if the specific findings in the ma
jcrity opinion be accepted as a fair
and adequate summary of the facts
and circumstances entitled to be con-
S.tered, he is still constrained to hold
that the unreasonableness of the rate
has not been established.
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