The San Francisco call., 1908-08-15
URGES COMPACT TO
END REBATE TRIAL
Lets Kiss and Make Up,' Fig
urative Swan Song of Peace
of Attorney Dunno

Negotiations for covenant between
the Southern Pacific company, the state
board of railroad commissioners and
the shippers of the state were volun-
teered as the swan song of Attorney
Peter F. Dunno in his argument yes
terday on the rebate cases pending be-
fore the commission. Generously the
facile attorney admitted that the rail-
road was human with faults and
frailties," but, he concluded, eloquent
ly the railroad commission. the ship
per and the railroad should come to-
.gether and settle their differences for
the interest of the state at large. with
the prosperity of which the company
is profoundly identified"
With that effort Dunno sat down
Attorney General q. s. Webb was
to have responded to the argument
yesterday afternoon. but he asked the
indulgence of the commission for re-
cess until 10 o'clock this morning.
In his harmonious covenant Dunno
failed TO include the attorney generals
Office as factor
After his flights of fancy Thursday
Dunno strove masterfully yesterday
TO eliminate the romantic from his ar
gument
In closing on the points raised
against the rebate on sand consigned
10 glass works, Dunno said that San
Francisco was affected by water COM
petition.
san Francisco is on the strand"
he digressed- IF / dared to be poeti
cal, which I dare not to be. / might
the wave kissed strand. but / nope
the reporters win not publish that"
.CARRY WAR TO AFRICA
In referring to the lower rate
granted the Pacific hardware and steel
company and Baker & Hamilton ship
ments TO Los Angeles Dunno said that
these companies had established
branch house at the southern point
and were carrying the war into At
rica,'' a pet name for Los Angeles, that
the firms which did not employ the
lower rate did not require il TO any
extent. and that as soon as the investi-
cation had stopped the practice of the
lower rate the business by CONNER
cial gravitation was attracted back
TO the decks of ships and OF the rails
of the Southern Pacific"
The business Disseminated against
was unimportant. he contended. a
penny business"
Dunno valiantly justified the lower
than published rates on grain ship
ments given Simon Newman from sta
tions between Westley and Los Banos
to bay points. He held that the ship
pers Disseminated against were not
shippers because they were unable 10
enter into competition with Newman
in buying.
CITES Lion AND MOUSE
"Tbe grain buyers price was the
lion in the path and the freight rate
was the mouse. The Lion and the
Mouse do you see2,. he said. recurrine
TO romance
But in the play the lion had to de-
pend on the mouse Assistant Attor-
ney General Raymond Benjamin inter-
jected pertinently-
That was a different kind OF a
mouse. Dunno answered blandly. "a
very charming young lady"
In his peroration. delivered in the
afternoon, Dunno claimed that the in
vestigation was largely academic. that
neither General Freight Agent G. ".
Luce nor the company had ever will
| fully and with bad intent violated the
| law, that there was no violation of
| the constitution nor of the common
law. and that penalty suits weuld
have to be brought if at all.
by the district attorney He de-
elared that the company was un-
willing TO publish its rates. especially
to river points. for5if II did veritable
orgy of cut throat competition" would
ensue. He declaimed that the company
could not publish its special rates on
crude materials. in which class he
grouped sand and dried fruit. because
| IT could not trust its agents 10 dis
crin1inate honestly.
But. he concluded. all rates were now
published and the Southern Pacific
had assimilated largely the procedure
of the interstate commerce commission
and would hencef0rth. in substance
! be good He related that the policy
lof the interstate commerce commission
under the Roosevelt administration
was TO permit refunds and encourage
compromises between railroads and
shippers and he showed that the use
| fulness of the state commission would
lie in following the policy of its ma
| tiona1 prototype.