The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-01-31


Before a court whore the Judge
not only hears the testimony brought
forth by the examination Of the
witnesses by the attorneys for the
Interested parties but takes part in
tho questioning himself the ship
pcrs OF Amarillo and Roswell are
trying today for relief from rate
iniusticcs of long standing,
Interstate Commerce Commission
err Prouty called tho session to or
der In the district court room at the
courthouse shortly after 10 o'clock
this morning. After making the
statement that the commission would
bear the case of Mobiles Brothers
Grocery company against tho Fort
Worth & Denver railroad and 9TH
crs and the case of tho Roswell
Commercial club against the Atchi-
son, Topeka & Santa Railroad COM
pany Mr. Prouty called for the
counsel for the Amarillo complain
ants Senator John w. Veale ans
worcd for the complainants that he
represented them and also stated
that Attorney S, H. Cowan would
act In cooperation with him,
AS the representative of tho Fort
Worth & Denver, first w, b. Ster-
ley was given. Altcrward Attorney
Rowe was given as counsel for the
road In the Roswell case 4. A..
Hurd, Of Topeka, Kan answered for
the road and s. II. Cowan was Civ
en- as the counsel for the plaintiff
Mr.. Voalc then asked for few
minutes while his colleagues pre-
pared an intervening petition, This
was granted and in the meantimoI
Commissioner Prouty studied rail-
road maps and asked questions con
corning comparative distances in the
Texas territory
Mr.. Cowan then presented the pc
tltion which in the main asked that
the testimony in the case Of Ros-
we'll and Amarillo since it was to a
considerable measure Identical be
taken for both cases. MI Rowe for
defendant asked If this did no vir-
tually consolidate the two cases
Mr. Cowan answered that he did mott
intend a consolidation but that
since the evidence in one case con-
corned the other, time and effort
would be saved by the offering of
some Of the testimony once for all.
The Roswell case would use pract-
cally all the evidence brought forth
introduce some evidence OF its own,
After some discussion Mr., Cowan
withdrew the petition, but the two
cases for practical purpose are COM
bincd in large part of the testi-
mony
Senator Vealc then made pre-
liminary statement of the case with
the general fact. of which Commits
sionor Prouty said he was al
ready familiar through the COM
plant filed by the shippers and the
of the defendants I'VE
ire endeayoring to obtain" said Mr..
veale, equal relief from what we
consider to be determinations
against the town of Amarillo. We
lsk to enjoy the same rates that
IRE granted to shippers under con-
litions which are practically the
ame as the conditions under which
rattle is carried on from Amar-
Ito, Tho point of Quanah on the
Fort Worth & Denver is allowed
point rates while Amarillo
S obliged to pay a differential rate
considerably in excess of the COM
non point rate on shipments over
my of the lines into Amarillo. An
of the injustice Is in
he shipments of coal from Colo.
ado points, Coal is shipped from
he, mines, approximate distance of
100 miles to Amarillo for 35 cents
ton higher than the same coal IS
lauled to Fort Worth, 335 miles
urther over the same line. That |
) one instance Of discrimination
gainst which Amarillo shippers ask
edress. Shipments are made to !
oints on the Texas e Pacific and .
'ther lines wheao the mileage is {
realty in excess of the mileage here '
or a lowr rate than Amarillo ship 4
ers receive. On these grounds and I
rom the fact that the country has {
rown till the amount Of business .
lstifies concessions, we base our 9
laims"
In addition to the above facts Il
n which, stated Mr.. Cowan, who