Los Angeles herald., 1908-04-23
WITNESSES AGAINST
S. P. FAIL TO APPEAR
Further Proceedings Will Be Delayed
on Request of Attorney General
Webb and A. X.
Cushing
Bv Associated Press.

By Associated Press
SAN FRANCISCO, April 22.-Except
for a summing up by Attorney Cen
eral Webb, an address by A. K. Cush-
ing for the California Traffic associa-
tion and a setting forth of the rail-
roads side of the case by Attorney
Peter f. Dunn. the hearings in the re-
bate charges againt the Southern Pa
cific company ended today. The argu-
ments will not be presented for some
time yet, however, as the attorney
general desires to go through the rec
ords and Cushing wishes to make
trip east.
Today two of the states expected
witnesses did not appear, and when
General Freight Manager Luce of the
/ railroad company was placed on the
stand he promised to look up the facts
+ in certain matters about which he was
asked. These facts will be embodied
! in written statements, which will be
i duly filed with the attorney generals
office.
A question by Commissioner Irwin
/ brought from Webb the statement that
/ in his opinion no statute Of limitations
/ will apply to prevent the railroad
4 being fined in the event that it is found
/ guilty of having given illegal rebates.
He said:
"There is nothing in the state con-
/ stituton limiting the right to fine, and
do not believe that the legislature
/ can limit a power which the constitu-
/ tion grants"
Outlines Defense
/ Attorney Dunno outlined the defense
I Of the Southern Pacific.
we shall hold" he said, that there
is no law in the state of California
which requires a railroad company 10
it is required to do on interstate traf-
fic by the interstate commerce commits
sion. Therefore the evidence which has
| been given that rates were granted
which were not printed is utterly irrel-
evant.
I'VE shall hold also, and can prove it
that the Southern Pacific company has
never Disseminated between shippers
Under the same conditions, the sam,
rate has always been given to all ship
pers When the rates were lowered j
was done only to meet water or team
competition"
Commissioner Lovelana said he haC
been told by some Los Angeles mer
chants that they had not been charged
: for switching a Los Angels, but Luce
} asserted positively that the same
charge is made at Los Angeles as a
: San Francisco. lie explained, however
that there were some special cOmmodi
ty rates which included free switching
Oil. for instance. had for some time
, been an article on which no switching
charges were made.
one witness was called by the rail
/, road company G. TT. Vending, presi
dent of the California Box and Lumber
company, TO show that the rebate o
about 10 per cent granted to the lumber
company on box shocks sold to thf
California Citrus union was for the pur'
pose of meeting the competition of boH
shook makers in Washington and Ore
gon, who shipped by water. The reason
the company sold them at the losing
price made necessary by competition
was that it wished to use up it's low
grade lumber and to extend its genera
market.
The hearing of tho charges of rebat
ing brought against the Santa Fe
which began at Los Angeles a few
. weeks ago, will he resumed in this cit,
on date which will be determined a
he next regular meeting of the com
mission May L.