The San Francisco call., 1909-03-19
RAILROADS FARE
BADLY AT HEARING
Consignors of Furniture Testify
Before Commissioner
Prouty
Overcharges Through Operation
of Minimum Weight Are
Complained OF

On the whole the railroad ATTORNEYS
Jared rather badly at the hearing bv
Interstate Commerce Commissioner C.
A Prouty yesterday at which represen-
tatives of five consignees of furniture
testified in regard to gross overcharees
by the roads through the operation of
the arbitrary minimum weight for
carload lots coming to the coast from
the east.
Two long sessions in which MANY
shipments, varying from chairs to
mantels and bathtubs were gone over.
TO say nothing of a couple of hours
spent in an endeavor to settle once and
for all the line of demarcation between
side table and a buffet resulted In
the piling up of testimony by the mer-
chants TO the enect that in all cases
the orders had been to load the cars as
near as possible to the minimum.
which minimum was shown to be in
every case as more than the car wouId
hold.
TRY TO JUSTIFY CHARGES
Attorney Durbrow for the Southern
Pacific followed the lead of his co-
league Butterfield. from the New York
central and tried TO make the witnesses
admit that the overcharges were iusti-
he'd because the retailers figured them
into the price which the consumer was
obliged to pay. In this connection
Durbrow inquired closely into the profit
and business standing of the Bare
Brotners. through Gustave Lenoir,
buyer for the firm, who had demon
strated that the orders to the sbipners
were always to fill the car to It's physi
cal capacity, and was astonished to find
that Lenoir refused to go into the pri-
vate affairs of his business except in
SO far as they were connected with
specific shipments of furniture. When
Butterfeld came to the assistance of
his colleague Commissioner Prouty sus-
tained the attitude of Lenoir.
Lenoir was cautious witness and
Butterfeld's rigorous method did not
disturb his equanimity. Durbrow and
the New York attorney learned that he
had decided views as to what the mini
mum should be and the former when
he attempted to go into the terms
which Bare Brothers had made with
Bracken for his services, received
some unlocked for answers Durbroy,
asked why the firm had not made pro-
test to the Southern Pacific company
long ago instead of waiting until
Bracken came along and dug up the
overcharges.
NO USE PROTESTING
I'VE thought 1t useless to protest"
said Lenoir. In my u years expert
could not see the good of protesting"
'Why?" asked the attorney.
We'll. II you were in the furniture
business, Mr.. Durbrow, and dealing
with the Southern Pacific you would
not need TO ask
Lenoir said he had tried to adjust
one shipment and had given it. up in
disgust after months of work. Both
Butterfield and Durbrow tried to find
from the witness il the firm had as
signed the claims to Bracken, but re-
ceived noncommittal replies, and Com
missioner Prouty interposed saying that
the matter would have no bearing on
the case.
Commissioner Prouty announced to
the attorneys that the weights given bv
the consignees of shipments would be
considered by the commission as more
correct than that of the railroads. and
Bracken said that he would be willing
to accept the railroad weights, which
were In every case under that of the
consignees. This put an end to quib-
bling over weights of shipments, which
were shown to have filled the cars to
their physical capacity, and saved hours
of time.
The dissertation OF sideboards, side
tables and buffets and their distin-
gushing characteristics was started bv
Butterfleld while E. T. CasselI, traf1c
manager Of the Pacific purchasing com
pany, was on the stand and was for
the purpose of classifying a carload of
sidetables which were invoiced as such.
but which were cataloged as buffets.
Butterfield's contention was that they
should have been charged under the
1900 general minimum at the s220
rate instead of the $1,000 minimum at
$1.T5. The attorney claimed that an
undercharge of $54 had been made by
his road on this shipment.
SHIPMENTS BELOW MINIMUM
The witnesses examined yesterday
were r. Seroty, of the Eastern OUTFIT
ting company, Gustave E. Lenoir of
Bare Brothers. Conrad Lutgen of the
Royal mantle company. w. Robertson
of w. w Montague & Co. and Thomas
F. Ridgley, who testified to shipments
of NANTES, brass beds and various
kinds of furniture, in nearly all of
which the shipments were under the
minimum, although the orders placed
were to ship the minimum.
Cases dropped by Milton Heynemann.
a local desk dealer, were asked about
by the commissioner, and Bracken hint
ed that .influence" had been brought
IN hea fo have them drOpued