The San Francisco call., 1909-10-20
RAILROAD PLEA
WILL Be HELP
TO THIS CITY
Contention in Phoenix Case Viii
Aid San Francisco in the
Spokane Matter
Arguments Completed as to the
Validity of the Charge for
Switching

Judge billiard, leading counsel for
TIE Hartman lines. pleaded before the
interstate commerce commission yes
terday. but in so doing he was forced
70 assume the position into which the
local shippers desired TO drive him. II
was during the argument in what is
known as the Phoenix case. In this
case the commercial interests of Phoe-
nix and other cities of Arizona are
protesting against the practice by
which california coast points enjoy
lower rates from the east than Arizona,
They assert that as the haul TO Arizona
is 1000 miles shorter, it should take
q lower rate. To meet this argument,
Judge Dillon contended that the Pacific
coast points we're entitled to lower
through rates than interior points be-
cause Of water competition. This is
the general position that the coast
cities have taken in the Spokane case.
Judge billiard. however. endeavored TO
leave loophole BY making the declara-
ton that while a railroad had the right
10 lower rates 10 meet water compel
tion, il was not compelled to do so.
BASIS OF COMPLAINT
The position of the Arizona shippe. %
vas set forth by Attorney Costigen n.
Ne based his protest on the ma IN
proposition that the shorter the haul
The smaller should be the rate. The
reply on behalf eof the Southern Pacific
was made by Judge Dillard and on be-
half OF the Santa Fe by Attorney Nor
A -, l. -sg 1,a
completed at this mornings session.
The switching case was submitted
yesterday morning with the under
standing that the San Francisco and
Los Angeles shippers be allowed Is
DAYS to file briefs. Attorney Peter F.
Dunno completed his argument for the
Southern Pacific by endeavoring to
show that II had been the practice OF
the interstate commerce commission TO
allow an extra charge for extra service.
To this end he cited a number OF cases.
Attorney Seth Mann, representing the
san Francisco shippers, showed that
the cases cited referred to carriage or
some similar service beyond the rails
Of the company.
In reply 10 a question from Commits
sioner Knapp. Mann stated that it was
the duty of the carrier TO deliver to
the most convenient point for the con-
signee. Edward Kuster closed the ar
sument for the Los Angeles shippers.
EASTERN LAWYER PRESENT
Present at the local hearings is At
torney Nathan Blur. one of the best
known lawyers of New York city. He
is following the hearings on behalf of
the commercial associations of Atlantic
seaboard cities. Among those he repre-
sents are the New York chamber Of
commerce. the Boston chamber of COM
nerce, the Boston merchants associa-
tion, and the Philadelphia chamber OF
commerce. His interest lies chiefly in
the Spokane case in which his position
is in harmony with that or San Fran
supreme bench OF New York state on
knew nothing OF il until advised by
wire During the DAYS following the
san Francisco disaster in 1906 he was
one of three who inaugurated the relief
measures in New York. Bijur ex-
pressed himself as astouuded at che
city,s recover and progress
Will Fight Rate Insurance
CINCINNATI. Oct. I9.-That any pro-
posed general advance in freight rates
viii disturb existing business condi-
tions and that such an advance is not
justified and viii be vigorously con-
tested by the leading shippers organ
1zatlon Of the country was the tenor
Of resolutions adopted at q meeting of
ships and shippers and other econ-
mercial organizations from many parts
Of The country held here. A committee
was named whose duty il shall be to
propagate = campaign of education on