The ranch. [volume] (Seattle, Wash.) 1902-1914, 1908-10-01


buds are turned into leaf buds, but
leaf buds will not be turned to fruit
buds after the formative period is
past These delayed buds will always
be found on trees where the fruit buds
are very numerous. They seem to be
an effort of nature to make sure.
These Jonathan trees were enormous
ly full of fruit buds, and these delayed
buds were kept under and might new
err have amounted to anything if their
early brothers had not been nipped
with the frost. My observation con-
firms me in the opinion that where a
tree is very full of bloom and frost
seems to Kill everything the delayed
buds may make up in part for the loss
and sometimes, as in the case of the
Jonathans mentioned above, full
crop may be realized.
Another thing should not be over
looked, and that is that some varieties
of fruit are much more frost proof
than some others are. The liberia
peach is much more frost resistant
than the Crawford. This I know by
actual experience. 1t is we'll for each
grower to study these things and he
may be profited by his experience.
The question whether a railroad
company is responsible for not furnish
ing cars which are demanded by ship
pers Is vital one to fruitgrOwers. II
| understand the matter, the court OF
last resort-the Supreme Court of the
United States-haS not ruled on this
matter yet. 1t appears as if the rail-
roads are not anxious to have this rul-
ing. The agents of Rae & Hatfield,
at New York, bought up many car
loads of apples last fall in the Yakima
Valley and demanded cars Of the
Northern Pacific for their shipment.
The railroad was very slow in furnish
ing these cars, and many of the apples
spoiled while their owners were wait
ing for cars. Suit was brought for
damages amounting, the papers
say, to $4,000. The Fruit Trade
Journal and Produce Record of
New York recently contained
this statement relative to this
case: "Rae & Hatfield have won their
case against the Northern Pacific rail-
road. This suit was the outcome of
the failure of the railroad to furnish
proper transportation at the proper
time for apples from the Yakima Val
ley. The failure of the railroad COM
pany to do this was evidently the re-
suit of incOmpetency on the part OF
some of the roads employees. The
outcome of the suit establishes the
fact that a railroad, when it agrees to
furnish proper transportation for ap-
pies at the proper time, must fulfil the
agreement or abide the consequences.
The outcome of the suit is, no doubt,
of much satisfaction to the majority
of shippers of every community in the
Northwest who have been compelled
to submit to the dOmineering dicta-
ton of the Northern Pacific"
From the Packer of Chicago we
learn that this suit was not really
tried, but was compromised out of
court by the railroad paying Rae &
Hatfield their claim, perhaps not in
full, but so nearly so that they are
satisfied. There are other claims by
other parties which will, no doubt, be
satisfactorily settled. The railroad,
no doubt sees the futility of allowing
such suits to come to trial. So we
may say that the fact is settled that
railroads must furnish cars to move
the products of the country or make
good the losses of those dependent
upon them to get their produce to
market. Without a doubt, the courts
would rule that the very fact that
railroad secures a franchise and en-
joys the protection of the government
entails upon it the obligation to do
that for which it secures it's privilege.
1t matters not whether the company
promises to furnish cars or not, the
OhlioatiOu ractc 11nOn If aS a common
carrier under governmental protection
to do the work required or pay the
penalty for failure to do so.