The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-29

L. Ing npon former ruling by
the Interstate Commerce Com
Il y mission that freight rates are
not unreasonable when COM
planning cities show evidence of
growth and Development. counsel for
he Norfolk and Western Railway pro-
ceeded to establish the fact before
Commissioners Clements to-day that in
recent years the industrial and COM
mercial advancement of Winston Salem
and Durham was proportionately great
er than that of Virginia cities. The
point laid down by the commission in
the Washburn-Cr Crosby case not to I'M
necessarily disturb any long established
relation of rates was looked upon as
another ground for the presumption
that the present tariff conditions will
not be upset. This much may be said
without prejudice to the North Caro-
lima contention. for the reason that the
case is no, one for a jury's considera
tion.
Without concluding the investigation
an adjournment was taken tonight.
Commissioner Clements having another
appointment for Monday. The railroad
will present It's other evidence in
Washington on date not yet deter
mined.
Virginia Rntes Arc Low.
E. p. Dcvant. vice president and traf-
fc manager of the Norfolk and West
ern. was the principal witness to-day.
his most important statement SO far
as Virginia Is concerned being that
Western rates to Virginia gateways
were abnormally low and should be
increased In, a similar way he ex-
planned that winston Salem and Dur
ham were not victims of dscrimina-
tions. Although the testimony of Mr.
Deyant related mostly to technical and
intricate questions of rate making
what he said was of unusual import
ance in clearing away much confusion
which might have heretofore existed ini
Virginia territory.
After the Chesapeake and Ohioj
Railway had been completed to New
port News" he said that road put
into effect from the West the Bal.i- |
more rate as a maximum for Norfolk.
Newport News and Richmond. In thisl
way the company established the same |
tariff for Lynchburg. the latter being |
in intermediate territory and entitled |
to 1t under a decision by the commits
fion. The Chesapeake and Ohio hxed |
the rates with regard TO the long and I
short haul clause of the act The Nor
folk and Western was forced TO NEST |
them.
Answering a question as to how Roa-
noke came in on the same basis when
1t was not on the line of the Chesa-
peake and Ohio. Mr.. Devant dug into
past records. and explained that this
was due to a combination of circum- t
stances: that when the tariff was is-
sued in 1887 the Chesapeake and Ohjo's
Kanawha Dispatch line got into Roam
oke through traffic arrangements with
the Shenandoah Valley Railroad Sub L
seduently, when the latter was ao-
quired by the Norfolk and Western, the
rate was not disturbed.
Had TO Meet Rate.
Commissioner Clements was partic-
ularly anxious to know about the Ka-
nawha Dispatch. how it worked and
where 1t operated While having no
parttin making its rate into Roe enoke
Mr. Devant said that his line had to
meet it If 1t hoped to secure any bus
mess from the West. He added that
noke had the Norfolk and Western I5'
wiped out the tariff after its purchase {
OF the Shenandoah Valley. r
do you think" asked Mr.. Guthrie. f
OF counsel for North Carolina. that I,
we are trying to have the Virginia !
rates increased"
you must reconcile 1t one way or |
the other" replied r. Walton Moore,
counsel for the Norfolk and Western
because 1T is apparent that If you
reduce It for Winston Salem and Dur
ham you must increase it for Virginia s
points" Mr.. lDevant went on to show
that other towns in North Carolina
were on the same basis as those named :
In the complaint, which would mean I
that new tariff would apply with /
equal force to all. He expressed the !
opinion, and submitted exhibits to sup !
port it, that the Carolina rate was not
excessive. following with the remark l
that Virginia rates We're abnormally i
low and should be increased
Taking up the question of coal, he /
.aiu that the Chesapeake and Ohio ana | +
Norfolk and Western had to make rates +
'or Richmond. Newport News, Norfolk In
md Petersburg. to meet competition G
With the Western Maryland Railway 9
nto Baltimore. ave could not charge d
more for intermediate points under the L
aw as laid down by the Interstate il
Commerce Commission. Although.I I
here Is difference between the a
harge on coal from tho Pocahontas y
lelds to Roanoke and Winston Salem, S
zach has the same per ton per mile u
ate
Exhibits by the carload We're filed Is
md shipped to Wa ashlngton. There G
we're elaborate tables. gathered from g,
government sources to substantiate tho y
'erbal statement OF Mr., Devant that FL
he population and number OF, Indus n
ries In Durham and Winston Salem,
bowed larger increase in the past
ye or ten years than any Virginia.
lty which has interviewed In this suit. Fl
Norfolk Fixes Roanoke Rate. IL
Always hitting at the Roanoke stu q
Ition, counsel for the complainants ~
nd their witnesses contended that In *
smuch as the distance from that city 8,
Q Winston Salem and Durham was a
ess than the distance to Norfolk. the
ate was higher This proposition was Il
net with the answer that Norfolk h,
xed the rate for Roanoke which was o
xactly the reverse OF the supposition fiji
: 3W1tne sses The Influence OF. water ISL
.