The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-01-21
SWITCHING TOLLS
UNjUSTLY LEVIED
Shippers Protest Against Rail-
way Charges Reinforced by
Salient Facts
Attorney Mann Scores Imports
ant Point by Introducing
a Hartman Circular

| Attorney Seth Mann scored an i'm
portant point yesterday against the
Southern Pacific and the Santa F'e In
the switching case before Commissioner
Lane when he used one of the circu-
lars of the Hartman line to undermine
the position of the railroads. He
showed by the circular that switching
was regarded among the railroads as
a part of the through haul, to be paid
from the through rate, and not an
extra service to be met by a payment
outside OF the scheduled tariff
The circular was in many WAYS an
interesting document, and apparently a
rare species of literature, as the traffic
officials of the two companies were
unable to furnish the commissioner
with copies.
The protest against the switching
charge was made by the Pacific coast
Ijobbers' and manufacturers association
and through Mann, their legal repre-
sentative, they began yesterday the
presentation of their case.
1t appears that the Southern Pacific
and the Santa Fe charge fee of $3.50
for every car switched between the main
| line and spur or industry tracks. This
charge is made in San Francisco, Los
Angeles and in a few small cities, but
in no other commercial center in the
United States is it imposed. The pro-
test against the fee is based on the
ground that it is illegal; that even If
legal 1t is exorbitant, and that IL is
discriminatory.
Los ANGELES Co-OPERATES
The merchants and manufacturers
association OF Los Angeles has filed
similar protest, and the attorneys of
the organization. Edward G. Kuster
and Joseph Loeb co-operated with
Mann. The Los Angeles attorneys had
conducted a similar hearing in the
southern city and were able to give
material assistance in the present in
vestigation.
| Attorneys Peter +. Dunno and c, w.
Durbrow appeared for the Southern Pa
! cific and Attorneys Camp and Norton
for the Santa Fe. The traffic officials
of both companies were in court
| Mann presented the case of the local
| shippers with a thoroughness that lett
| no point uncovered He had amassed
an array of facts that will make the
case notable in the history of railroad
litigation. He dwelt at length upon
| the Southern Pacific circular showing
| the agreement between the Santa Fe
and the Hartman road for mutual
switching 1t appears that when the
Santa Fe hauls from the east a car
intended for a shipper on a Southern
Pacific spur track it pays the Southern
Pacific so cents ton. or minimum or
$3.50 a car to do the switching. Al
though the Southern Pacific receives
this amount for the service, which
costs next to nothing, 1t in turn
charges the consignee $3.50 for the
service, thus collecting at both ends
This arrangement is mutual and works
~, dvo nta orc the Santa lie on
shipments to merchants on the spur
tracks of that line.
~OUT OF THROUGH RATE"
In the notices informing agents OF
this arrangement appears this intro
ductory clause:
The. switching arrangements re-
ferred to apply to through as we'll as
to local traffic and for the Information
of yourselves and others interested the
road receiving the line haul will pay
to the road performing the switching
service the Following rates out of the
through rate, or out OF its proportion OF
the through rate.
Mann pointed out the significance OF
the phrase "out of the through rate
and emphasized it's Importance
The first witness was John NJ Puw-
nett civil engineer, who had pre-
pared number of maps showing spur
San Francisco. In portland no s"itch-
ing charge is exacted.
d. w. Parker, traffic manager or the
Marshall Wells hardware company OF
Portland described conditions In that
citv He was followed on the stand by
lJ. w. Chapman, traffic director OF the
Pacific hardware and steel company.
Chapman occupied the stand TOT the
remainder of the day He testified that
m n switch
ing charges in any of the big cities out
of California and Disseminated in fa-
vor of certain shippers in San Fran
cisco. The Pacific Improvement COM
pany he said, had a switching rate of
1925 a car. In some cases the switch
ing was done free of charge.
SWITCHED WITHOUT CHARGE
Chapman said further that at Point
Richmond the Santa Fe made no
switching charge to the Standard oil
company nor to the California wine
association. 1t was also developed that
freight for the orient was switched
without charge and that In many in
stances grain, -four, lumber and empty
beer kegs were exempt from the
switching fee.
In Chico the switching rate in many
cases is $3.50 car. In sacramento
some cars are handled free and for
others a charge OF $i.oo or Sz.oU is
made. A somewhat similar condition
prevails at Napa junction. At San Jose.
Santa clara and .Alviso tonnage. ar
rangement is used. In Oakland there
| is no switching charge. For some ship
ments cars are switched by the Key
Route. but the charge is absorbed in
the through rate.
Chapman testified in conclusion that
there was no special condition in San
Francisco to warrant, the charge of
60 "a q car 1t has been estimated that
the railroads obtain annually 100000
for this switching service In San Fran
cisco.
,,,,a,, other witnesses will be called by
the shippers. The railroads will then