The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-23
0ENvER'S CASE
RATHER WEAK
commissioner Prouty Thinks
Evidence Soar Present
ed Is insufficient.
COMPLAINT TO BE AMENDED
CHAMBER OF COMMERCE HAS
INTERVIEWED.

nepyer. Jan GA Formidable array
LAWYERS was lined 10 i'm the, United
s..,es court today When &. a. Prouty,
s,ofa commerce commissions. re-
I'D his Investigation of the COM
,5.irts. against II score OF. railroad
.,osnies alleging Discrimination 81
.;gbf rates against this Fifty and
.s,s loci r. Vale and Eirod Clark
..oresent the Burlington and Denver
'ps, Grande. Clayton Dorsey aD-
,,osral' for the Southern Pacific and
I'm, OF the eastern lines; ID. w. Tears
80 tbs Lake shore & Michigan South
n / Rogers and r. Z. Pierce for
,he santa Fe; g. d. Haight for the
rie and j. A. Lowe for the Rock
leland J. J. Jeffrey and other counsel
,gsrs present and Joined I'm the ques-
fionine OF Witnesses.
Driven Out of Business.
rhroe noints NJ vital interest 20 the
.,ti~c west were emphasized by George
Kindel. manufacturer. and one of
ne conpiainants Mr.. Kinder claimed
M, Donver manufacturers had been
trircn ont Of business by freight rates
~, raw material He declared rates arc
l,,r m the Pacific coast, and Denver
reonIe are paying much more than
those al tidewater. He also stated that
iobbers we're being forced II close mp
their houses because they are unable
to cot into competition with ether ter
ritories on an equal basis.
similar cases over the entire west
arc hirging on the result Of the Dem
vor inquiry. and the decision here will
govern Other like suits.
Allegations Not Specific.
Commissioner Prouty announced that
tho allegations in the complaint were
uot speciRc enough. He suggested to
Attorney William Harrison. represent
inc M Kindel that the complaint be
i,aas more specific In regard to class
rates. fe said that an allegation could
be- made that the. class rates were eX-
cesslye hu; that il would be difficult,
D. not impossible 90 make an allegation
on commodity RATS.
NJ. Kindel declared that The COM
uaint was that Denver had 10 pay "A
higher rate per ton per mile than some
o.her cities.
Mr. Prouty said he did not believe
The commission would hold that i'm gen
C'ul the rates were too high. nor would
any court hold that the rates in gem
,r1i wore too high Denver was so sit
uated. he said. that The rate tO san
Francisco through Denver should be
lower than the rate 10 Denver. This
would not shoN thar the rate TO Den
yer was too nigh The only ground on
which the case could be heard was
Tat The rates are unreasonable to Den
Frr
Evidence Not Sufficient.
~ that is what you are trying to
show said Mr. Prouty. YOU have
very little evidence So far YOU have
shogn nothing except that the rates
on cotton piece goods are excessive The
commission can make no order on any
c0naedity not mentioned in the allie
1liianr
There was further discussion among
The attorneys as to the allegations in
DE complaint
ar pTouty saiI he bad no authority
70 rule on the competency of the COM
paint or 10 allow an amendment to the
compiaint but h would allow an
amendment. and the whole commission
would take ~ the matter.
W. Harrison made a motion 10 50
amend the complaint that -the class
isles MAJ be shown 20 be excessive
and unreasonable.
Greater Rates to Denver.
y W. Weego. local manager for
Reeves & Co, manufacturers of farm
mg Implements at Columbus. Ind. was
t@mlned IN regard 20 the rates charged
Hom Columbus 10 Denver and other
POINTS approximately the same distance
ron the manufacturing center. His
testimony showed that rates were
greater 70 Denver than To other points.
he %ld he was unable 10 job his COM
mociiies from this city on account of
ne excessive rates 20 the west.
Witnesses representing dealers in
.sslnlture' dry goods and paper were on
sV'ld during the morning. They all
complained Of the rates. and united in
rsH,hs mat the railroads treat Denver
me same manner i'm which the Mis-
'IH river points are treated.
Shippers Disagree.
pombshell was thrown into the
amp ot the plaintiffs bn the case be-
t commissioner PrDuty this after
Just as adjournment was about
Pc taken Attorney Edwin Costigan
apeaIed Tor the Denver chamber of
''efce and asked permission to file
tllioh or intervention I'm behalf ~
49,. chamber because OF the manner In
s'--,' ~ Is, DtlllE conducted DI
Harrison and AR Kindel.
M SAD that the members Of the
,,'..,'heT feared It would be detrimental
Ne business OF Denver IL the case
pursued along present lines The
h M objected. especially. he said,
t,si. presentation of the matter on the
So. vi me rate per ton per mile. Mr..
fbe uenied that he was asking that
II .eS De adjusted on this basis.
said 'v, understand this move" he
s,,ib.s WY the chamber has sub
sSV9 towards this case.
hallway Lawyers Pleased.
Il :, a. railroad eattorpeys seem delight
~ sr.s INC turn OF Affairs. and regard it
N ~ '1rence OF dissensiaD in the ranks
yes,s-s DenFer people. especially as only
Ter Ihe president OF the cham
vi,ns.e commerce. A. j. Spengel. was a
hsises. and testified i'm favor Of the
aecora Nysugan said he was acting in
NJ WIN the wishes OF Mr.. Spengel.
after ,fpepgel stated in an interview
rhat m close Of the days hearing
tken ~ chamber Of commerce had
fs-res mis- action because ti1e direct or
Fouis .hai the case OF Mr.. Kindel
Aat lsn oy. the wayside." He said
fsve mat ma the chamber wanted was ~
siana,HNer given the ea,,,c hasir