Los Angeles herald., 1907-10-05
LANE BALKS
MOVE OF S. p.
COMMISSIONER BLASTS HOPE OF
IMMUNITY
INVESTIGATOR REFUSES TO CALL
LUCE TO STAND
Chief Traffic Agent Of Hartman Line
Not Allowed TO Testify = Road
Probably Will Be Prosecuted
for Rebatlng
BY Associated Press.

SAN FRANCISCO, Oct. Am unsuc-
cessful effort was made by Attorney
Peter F. Dunno for the Southern Pacific
railroad to have Chief Traffic Agent Luce
placed on the stand this morning at the
close Of the taking of testimony by Inter
state Commerce Commissioner Lane. The
mmissloner made plain his reasons for
refusing to call Luce.
IF Mr.. Luce were placed on 1.-THE stand"
he said at might raise the question of
immunity"
This is an open suggestion that indict-
elimination in rates made by the South
ern Pacific to interstate shippers. These
we're In many instances arranged by
Luce.
TT would" added Mr.. Lane, 'be i'm
l.oper and inexpedient at this time to
give Mr.. Luce the benefit of immunity"
Dunno said that Luce could complete
the explanation of the special or inside
rates which had been partially made by
j. G. Stubbs, and pleaded at length that
he, should be sworn. But Commissioner
Lane declined to administer the oath to
Luce, but said he could make state
ment and it would be embodied in the
record. Dunno would not agree to this.
freight agents, for" he said, 1.-THE
knowledge of these matters alone rests
in Mr.. Luce"
May Prosecute ?.
Commissioner Lane said there would be
forty or fifty counts and possibly hum
dred involving interstate shippers, and
criminal prosecution might ensue. He
did not want to bar the way of those
who would reach the violators of the law.
Anothe1sensational feature of the hear
ing occurred when John Dillon, one of
the chiefs of the Miller & Lux corpora
tions, askeu for permission to take the
stand so as to amend his. testimony given
yesterday. He then said he got reduc-
ton on the published rate on local ship
mente since the Hepburn act land
must say he added. this influenced me
to give the interstate busiess to the
Southern Pacific"
Before the Hepburn act they had con
cession, but Dillon could not remember
with whor.. he discussed 1t. Most likely
he sent the bills in along with the loca
bills, asking that the rate from Portland
to Stockton be added to their local rate
and the bills went through accordingly
They get shipments from the east will
the freight of which~they have nothing
to do. Sometimes they are unloaded or
delivery, but sometimes they are moved
in carloads and re-consigned on theii
local rate without unloading.
L. E. Calvin of the Southern Pacine
was examined as to the supply of tank
cars for Independent shippers He saio
that they have always been furnished
their quota of cars the same as others
but concerns at times misrepresenteo
their requirements.
Regarding the sale of 200 cars to the
Associated Oil company the witness said
they ordered 635 tank cars and the Asso-
ciated Oil had been complaining that they
were showing favoritism to the STANDARD
oil ant. allowing 1t to take some oil
their contracts. They had 14O0 cars be-
fore they ordered the 6S5. When these
would be delivered they would have sur,
fcient cars to meet the requirements OF
all other shippers without the couple OF
hundred sold to the Associated OH.
During the last year they had com.
nlaints from independent shippers ano
had a few this year When they got tnt
comnlaints they took the matter up WITT
the car distributor, whose headquarters
are in Bakersfield.
Reduced Rate on Sand
1obn G.. Ship. secretary of the Illinois
pacifc Glass company, made statement
as to the rate on sand from Lake Me1iile
~ tbe effect that reduced rate was
made to meet competition from othei
sources of supply.
q B. Toby of the Union Ice company
was called as witness. He got his rate
the one lower than the published rate, by
asking Mr.. Luce personally. He urgec
competition as the reason TOT lower
rate in speaking to Luce.
"Do YOU have it in your power. IL yor
pet lower rate from the Southern Pa
ciflc to put another Ice company out OF
business?',S Lane asked
"No sir. We have never succeeded II
doing 1t yet" the witness replied. H'
added: "We do little interstate business
We have a station in Arizona, another II
Nevada. We do nearly all the commercia
business of the state"
#. w. Hopkins is the chier owner o.
the Union Ice company and has, so fai
as the witness knew, had no a1nhauol
with the Southern Pacific.
potea showing reduction from Sar
trrencisco to Gilroy, Watsonville, Sar
Miguel. San Jose, ETC., were called to the
attention of the witness,
can these rates." he said, are mad'
TO meet the competition OF iocai ma
chimes. uu,,,rs+on pu,,
and Paper company. said tney nau iars'
,,,-oher interests near Florinston. lie wen
A. tha Southern Pacific and asked for
ro+s 20 e he used oil for fuel. He got
rate Of IL cents gallon, or 6s cents
harrei They had no competition In Call,
so-nia. The Stockton mill was out o.
commission.
This closed the hearing.
a.ln