The Montgomery advertiser., 1906-09-14
JUDGE BAXTER GREW HEATED Lette to Commerce 7 Commission. HE QUESTION OF NOTICE Claimed Discrimination in Favor of
 Southern Roads. Manufacturers of Georgia Appear and Ask That Thirty-Day Feature
 Be Eliminated from New
 Rate Law.

Rate Law.
 Washington, Sept 1s.-Unusual in terest attached to the hearing of the Interstate Comr-.erce Commission to- day on the question of the require- ment of the new railroad rate law of thirty days notice of intended changes in freight rates.
 Aside from the fact that the testi- mony and discussions brought out charges and counter charges of en- deavoring to restrict competition upon the part of lines east of the Missis- sippi and those west of the river there was injected into the proceedings something of sensation when Chair man Knapp read a letter rom party whom he said was a well known Pres- ident of a Western Railroad. insinuat- ing in connection with the question of waiver of the thirty-days notice that the Commission might wink at certain practices or the cotton export CTS while certain railroads might scoop their competitors by inaugurattng m stantaneous midnight tariffs.
 Judge Edward Baxter Of Nasnviiie' Tenn, counsel for number or FaA roads. bitterly assailed the writer or the letter and charged that 1t was an insult to the Commission and those who were seeking the waiver of the thirty day provision of the law.
 n. Moss of Athens, Ga, an ex- norter of cotton, in favoring return of the old system of making through rates good for twenty-four hours, saio that 1t does away with the feeing or unrest among shippers who leareo that a larger competitor might get solle
 witness was unable to state. however, Tn reply to questions by Chairman Knapp upon what this fear was based, since the system referred to had been in vogue many years and 1t was supposed that the consolidation of rates prevented just such condition
 Notwithstanding this he urged the Commission to exercise the discretion given them and waive the requiremenl of the thirty-day notice and thus pre- vent serious decentralization to the cot ton interests
 Roads Can Give Notice
 Tn fhs course of a discussion which followed. participated in among oth- are hv MT. Moss. Commissioners Lane ana Cockrell and Judge Edward Bax- fer of Nashville, chief counsel for sev- eral roads. traversing the South, the latter declared the ability or the roaos he represents to give notice or rates for thirty. sixty and ninety days or TOT almost any time, but ne wanted IL un derstood that in doing so they neces- sariIv would be high because or the ,ncartainty involved in the transaction on account of the steamship rates He made the latter statement, ne sald. to sboyv what is tu be expected where thev are called upon to make rates Tar in advance. ,.4 steamship rates furnished the com mission a lively colloquy among seT- era1 of those present representing ar Sarent interests, the fact being brought ant that steamships do not make in- eexihIe quotations, or meet the marine insurance conditions, the insurance differinR as between Georgia ports ana New orleans, through which the rates are made and capitalized by the rall- roads. . .h d,scussion was Samuel Brown of AL banv. Ga, a farmer and banker. who vesterday urged the waiving Of the thirty day provision. He was asked If New York people skinned" the farm CTS, to which he replied;
 skins the Farmer.
 ''They skin everybody they can Any man who Is fool enough to put his
 
 change ought to be skinned.
 F. Churchill of Savannah, of the Churchill Line of steamers, announced that he was prepared to give rates on cotton in advance for every day In the year
 Just before the usual recess for luncheon was taken. Chairman Knapp announced that te had received a let fer from a well known President of western railroad protesting against any waiver of the thirty day rule with out exception on export and import trafIc. Chairman Knapp promised the reading of the letter with the state ment that it was for the information of those present and that his action should not be construed as lending ap proval to tre sentiments therein eX- pressed.
 The name of the author of the letter was net announced but it appealed to the Commission to do its full duty and not permit itself Ito be winked att in order that secret midnight rates" might not be given to some favored shippers.
 "I can conceive no reason which would apply to cotton which would not with equal force apply to export grain, flour. live stock and packing house pro duets If you will examine the sched- ules on file In your office you will find thousands or SO-cdlGu SAppIl StHtuulCS which bear on their face that they are in reference to a special contract made between the railroad company issuing 1t and some particular shipper who is thereby under color of law given pref erence over all of his competitors which is the very thing the law was intended to prevent.
 "The thirty days notice makes it only a little more difficult to manipulate the export rate for the benefit of the larger shippers. It was by means of such schedules that the export rate on packing house products from Kansas City was manipulated. The court held the schedule and the practice unlaw- ful. assessed the maxlmum fine and re- gretted that the law did not permit Imprisonment. The present law per mits imprisonmeat,
 Will Wink Other Eye
 "If you wink at the practice of ex- porting cotton under such schedules as requested you will later have to wink the other eye at the same prac- tice in regard to the export of wheat. hour and packing house products. and I shall then be com peued to go out of the export trade or to compete against such practices by adopting the same methods.