The San Francisco call., 1908-04-23
COMMISSION ENDS
RFBAT|NG INQUIRY
Brief Investigation Into South
ern Pacific's Switching
Charges

railroad for violating the constitutional
provisions is not limited by any statute
of limitations. The constitution has no
staten nent as to any statute of limits a.
tfous. 1 do not consider 1t to be I'm the
power of the legislature by any enact
ment to sbrogate part of the consti-
tuition If an examination of
the evidence convinces us that it con-
tains nothing to show discrimination
we shall frankly say SO. but If 1T shows
no discrimination we shall be greatly
Observation-Disclosures of Attorney Gem
erai Webb.
asThere is no law I'm the state of Cali
fornia which requires railroads to pub
Iish their rates I'm the manner that the
Interstate commerce commission de-
mands. 1 shall take the position that
In no single instance has the Southern
Pacific accorded a rate against which
a charge of discrimination can be made.
1 Will show that we have not discrimi-
mated and that under the same cir
cumstances and conditions we have ex-
tended the same rates. Whatever rates
there may have been there was no dis
crfmination."-Statem of Attorney
Peter +. Dunno of the Southern Pacific.
with a brief investigation into switch
ing charges the inquiry into the rebat-
ing procHvities of the Southern Pacific
was practically brought to an end yes
terday afternoon before the state board
of railroad commissioners. G. W. Luce.
general freight agent of the company,
will file a statement of the special rates
actually used, together with sched-
ule OF switching and loading charges.
and at a date yet to be determined the
arguments will be made and the case
submitted.
The subject Of switching charges was
brought up late in the day. Seth Mann,
attorney for the tobbers association.
displayed a deep interest in this phase
and it is said that it will be referred
at later date to the interstate COM
meree commission. 1t was shown that
the general charge for switching was
$3.50 car, but that in Sacramento
switching in certain districts was done
Tor $50 car, while no charge was
made for the same service in Stockton
1t was developed also that the switch
ing charges on certain commodities
were refunded.
When an effort was made to press the
point Attorney Dunno objected that the
commission was trespassing upon the
authority of the interstate board.
Luce explained however. that the
switching was done without cost at
Stockton to meet the water competi-
ton. as the warehouses were located on
the wharves.
The uncertainty in regard to the
switching rates prompted Attorney o.
X. Cushing of the California traffic as
sociation to ask:
who fixes these rates?''
Three or four people take a whack
at them answered Luce.
Luce was recalled to the stand to
clear UP some Of the testimony previ-
ously given. He was preceded by q
number of witnesses, who gave further
evidence of discrimination on the part
of tles Southern Pacific.
z. c Horst. the grain dealer, testified
that although he had shipped from the
San Joaquin valley he had always paid
the published rate. It had been estab-
lished that Simon Newman had received
10 per cent rebate on similar ship
ments. Dunno naively endeavored to
show that a 10 per cent rebate was such
g small one that when applied to one
sack of grain II was so insignificant as
to be hardly a rebate at all.
E II. Renzel of the keystone COM
pany. wholesale grocery and commits
sion house of San Jose, said that his
firm had always paid the published
rate, although the Walsh Col. company
in the same line of business in San
Jose, had been favored with rebates
The circumstances and conditions" on
which Luce and Dunno have relied SO
steadfastIy throughout the hearing
were so nearly identical that for some
moments the astute representatives OF
the Hartman corporation were hard
put for an explanation. Finally Dunn.
attributed the difTerential TO the fact
that the keystone company generally
did its own draying, while the Walsh
Col. company generally did not.
George II. Newman. president of the
Pacific Coast glass works. was an eva
sive witness. According to him, the
rebates that he received were like Top
sy-"they just grew" He didn't remem-
Der asking for them; no one offered
tl,or,a 70 hin, 4harr inst came of fhair