Arizona republican., 1910-10-06

ed in 1897, previous to their construc-
 tion, the building Of the track being
 the chief factor in their location soon
 would not permit him to utilize the
 team track where a wagon haul
 would be necessary in handling the
 large volume of his shipments. To secure this he paid one half the cost
 of the construction of the track
 which runs from the passenger to
 the freight depot It was brought
 out at this point and agreed to by
 both sides that the switching charge
 complained of has been in effect off
 and on, sirce then, though Mir. Gold
 smith said the matter was not dis ] cussed or thought of at the time of
 his agreement to pay one-half the cost
 of building the track Since that
 time witness has paid a great deal
 of money for switching charges and
 was prepared to make a statement
 of the amount MT. billiard objected as to the amount but allowed the fact
 of his having paid the money under
 protest to go into the record, the un-
 derstanding being that if it had any
 bearing on the case later the
 amounts could be checked by both
 sides jointly and verified by the com
 mission. the point being that MT.
 billiard did not care to accept the figures prepared by the complaint
 with TO chance to verify them.
 It appeared that the payment of switching charges had been allowed
 to lapse and a stipulation between the shippers and the company at a tiTe when collection was made If charges accommodating between Feb ruary. 1907, and october, 1908, was entered in evidence. Also a subse- 1uent list of charges was presented Mir. Goldsmith testified that he paid under protest as the agent told him he would have to pay or he couldn't get his cars. On cross examination it was shown that the Eagle Mills were not built until 1898 but that witness had been planning to that end and had therefore helped to pay for build ing the track Insisting on why they were located on the track wit ness said because it was more con- venient. he could not transact his line of business otherwise. MT. King an objected to that entire line or evidence as immaterial.
 Then followed testimony as to the present cost of unloading a car in comparison with the cost of unload ing it with teams, brought out by the Roundly speaking it was now $2.50 as against S10. MT | billiard asked how much it would l cost to transfer the cargo of a CO., | DOC pound car by team from the track | to the warehouse. Witness could not | tell as he had never done it.
 Being recalled by MT. Kingan the | latter asked nim how much it would i cost to bring a 6O,OO0 pound cargo | from California by team. This in H. Iustration of the immateriality of the line of questioning. Other questions brought out, not only with this wit ness, but most of them, that the cars in question were all used in line" | hauls. meaning that they were not local shipments, presumably the. purpose of MT Kingan being to show that the switching expenses was a part of the general act of moving freight from origin to point of deliv- cry.
 MT Heineman was the next witness md in most of the questions his testimony was merely a verification ,f Mir Goldsmith. He had not helped build the siding but he had built lis warehouse on it afterward, that being the inducement to do so. He ilso testified that the side track was Ised by the company for its own pur- poses when it so desired. Mir. Dil ard in cross examination also brought out the fact of the great val le of the sidetrack to the shipper.
 Hugo J Donau of the Steinfeld company after going over the same ground as to location -alue of service, etc, presented an or contract showing that he company had aided in the con of the siding. The cross brought out the state nent that the cost of handling reight by team would be approXi- 50 cents a ton and also that 1t his warehouse spotting had to be lone at lIlItt hlllttl lil uOOlo Ci ! ,e-direct it was testified that it cost no more to spot a car than to ake it cn to the team track, in fact ess if anything, as the team track vas a little further on.
 Mir Goldsmith was recalled and estified that it only takes two or hree hours now to release a car to he railroad whereby a team transfer t would take two or three days. and hat often his company handles five IF six cars a day.
 Examiner Gerry brought out by questions that witness had the free lse of the team but could not use It n his business; also that there was 10 switching charge thou sht "f when le built the warehouse, hence no agreement.