Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-10-29
Counsel Object to Use Coast
Terminal Rates as Basis
For REIMBURSEMENT.
ARGUMENTS BY BOTH SIDES.
Interstate Commerce Commits
sioners Listen to Flood of
0ratory in Court Today.
Case OF salt Lake Commercial Club
Traffic Bureau Against Big Trans
portation Companies In Utah.

That 10 is not fair to use the coast
terminal rates Installed by reason OF
water competition as a basis for a re-
adjustment OF freight rates TO Utah
points. was the contention OF the rail-
roads, IN the hearing OF the arguments
Ia the case Of the salt Lake CONNER
cial club Traffic bureau against the
several railroads centering IN this city,
asking that the rates be reduced TO
the shippers OF this section. which is
In progress before members Of the In
terstate commerce commission In this
city today The attorney for the petit
TONERS Insisted that Utah points were
entitled 10 "a proportionate rate based
on the through rate to the Pacific
coast from Missouri and Mississippi
river points, or at least the same rate
for an SO0-mile less haul as was ac-
corded 20 san Francisco and other
coast terminal points on the same
commodities. The point OF water COM
petition is doubtless the one on which
the commission will base ITS decision
in the matter, ii the arguments Of
counsel are % be taken as any indica-
The hearing was commenced shortly
after 10 o'clock this morning in the
federal courtroom. four members Of
the commission being present. Hon.
Judson q. Clements, from Georgia.
presided az tOday's session, and seated
with him on the judges stand were
Hon Edgar n. CLARK Of Iowa, Hon. G.
a ProJty Of Vermont and Hon.
Franklin X Lane Of California, MEM
beers OF the commission.
ARRAY OF TALENT.
Representing the salt Lake trahic
bureau, the cornplainants in the case
/ were Judge Dey, who conducted the
case before the commission in this city
/ in August. and :. II. Babcock. com
missioner OF trafiic for the bureau.
Judge Doy made the main argument
in behalf OF the contentious of the
COmplainants, and IL Is expected that
Commissioner Babcock may occupy
some time In winding up the argument
for the complainants this afternoon.
For the railroads there We're present
Judge +. G. billiard Of Chicago, inter-
state commerce attorney for the Har-
riman lines, who has been selected -
deliver the argument Tor the defend
ants. T.. r. Clark. general counsel cf
the Denver a. Rio Grande j. {. Jefferf,
general counsel OF the Missouri Pacific;
Farley l. Williams, general counsel
for the oregon Short Line; George II.
Smith. associate counsel for the Short
Line; John A. Reeves, general freight
agent Of the Oregon Short Line, and
+ A. Plaisted. his assistant ;. V.
Derrah, assistant general freight agent
of the Denver & Rio Grande, and
stephen H. Love, a witness at the
hearine, and W. s. McCarty. secretary
Of the Commercial club traffic bureau.
Official Reporter Phillips was again
present and took down the arguments
OF the attorneys as they we're deliv-
cred.
At the outset Of the hearing Com
missioner Clements announced that It
would be necessary for the attorneys
10 complete their arguments today. as
the members Of the commission were
compelled 20 leave for Washington
Saturday. and asked counsel TO arrive
az a satisfactory division Of time for
the presentation OF their arguments
based on "a siX-hour session today.
Judge billiard said that he would be
content with three hours. and Judge
Dey said that much time would be am
pie for the presentation Of the COM
plainant's side Of the case. and on
that basis the hearing continued.
JUDGE DEY's ARGUMENT
Judge Dey began the argument for
unreasonable the class rates between
Missouri river and Utah common
points. setting out comparative rates
10 Pacific coast terminals. He also
challenged as unreasonable the rates
ON Citrous and declduOus fruits from
California TO Salt Lake city. which ~
on "a basis Of Sis, and being blanket
rate 10 Atlantic coast points. He sug-
gestod that reasonable rate for this
class OF freight would be % per cont
of the rates now established.
The bureau also complained Of the
commodity rates and passenger rates
On effect in the western portion Of the
country, and suggested that they be
similarly reduced. Judge Dcy said
that the practise OF Relating had been
in effect in this territory up 20 the
passage OF the Hepburn bill and this
had some influence on the nxing OF
rates, as the practise Is not followed
The contention OF the bureau va
that the rate from eastern points 90
SAN Francisco which Is q distnHce n.
500 miles further than salt Lake
unjust ana discrimiuative against
Lake. Notwithstanding the rn|
OF water competition which hf' "'H
urged as the reason fOr the
rates. The judge said statistics Nn'
bear him out in the claim thar rHi
competition lid not figure iu ine
continental rates of The railroad
these latter rates are exec
profitable and water c0mpNff
makes little difference. m cnndIt
are such as the railroads claim.
the Judge why is II that nov
roads are stretching out aftr
very business n b. conceded tnaf
Western Pacific which viii unit
Lake citN with the Pacific coast.
poets but little local business, and d
ponds almost entlrely upon lia uant
continental business Tor its proNif-
Another road lust completed % tif
Pacific coast n the Chicago, MilNaukfe
A 81 Paul. which a. goinR after fhie
same business Nov / submit that
these roads would not eNpfnd millions
IA dollars 40 build 90 the coast n the
rates were as unprontahlc a. me de-
PENDANTS would seem 20 claim
COST or UNION PACIFIC
Iudss psy entered into al eklhsns-
tive discussion N the cost o. ~
rn..t... l...Ia.. aaNafaUl mich IuIIuM.