Los Angeles herald., 1910-03-29
RATE SKIRMlSHES
END; LAWYERS TO
BATTLE IN EAST
l. C. C. Adjourns Hearing
of Growers Charges
Against Roads
GO TO WASHINGTON
Fruit RaiSers Confident
Contentious Will Be
Sustained

THE hearing before Interstate Com
merce Commissioners Charles A
IL Prouty and Franklin X. Lane Of
the complaint OF the California citrus
fruit growers, involving the orange
and lemon freight and refrigeration
rates charged by the Santa Fe, South
ern Pacific and their allied railroad
lines, was adjourned at 430 o'clock
yesterday afternoon until May IL, at
which time the attorneys for each side
will argue the case before the commits
sion in Washington, ID. c.
The attorneys for the Southern Pa
cihc and Santa Fe were given until
May to prepare and file their briefs,
and the attorneys of the fruit grow
ers were allowed until April 10 to file
their briefs, copies of all of which VIII
be sent to the various interests.
The closing sessions of the hearing
yesterday brought out little new testi-
mony that might have direct bearing
on the final conclusions. Those who
lave carefully followed the case, and
who are posted as to the exact status,
predict that the commissioners will
ask for more light as to the preceding
and refrigeration rates.
Railroads Confident
The attorneys for the fruit growers
concede there are several delicate
points of law involved in this PROPOSE
ton, but the railroad attorneys are
confident the railroads will be sus-
tanned in their contention.
Attorneys for the railroads also ap-
pear confident that the orange and
lemon rates will be made permanently
equal, and that the rate will be fixed
at $I15. The growers, however, expect
from the showing they have made to
rgt n
in other words, TO have the present
injunction against the $1.15 rate made
permanent.
Attorney T. ]. Norton of the Santa
F. discussing the case shortly after
the adjournment yesterday said:
I'VE have made a good showing. The
citrus. fruit men have not introduced
one scintilla of evidence to show that
the rate on lemons should be lower
than the rate on oranges, In our ar
gument befor. the interstate COM
merce commission at Washington,
May Ii. we will attempt to show that
as carriers of the product, held respon-
sible by law for its safe delivery, 10
becomes our duty to have direct super
vision of the preceding and icing of
the shipment.
Responsible for Icing
1--WE will maintain that the pre-cool-
ing Is part OF lHe ftlIlStLdlloiiT biiA
that as we are legally responsible for
the condition of the fruit on its arrival,
we are galy obliged to be responsible
for its refrigeration and therefore the
railroads and no. the shippers must
rre-cool. pre-ice and re-ice the fruit.
'If car breaks down on the desert,
and the railroads are not obliged to
re ice it, who Will be responsible for
the fruit?
IF the railroads are legally obliged
to re-ice it, as they are, why should
they not be held responsible for the
refrigeration in all its stages? Is 1t
lust that the railroads be compelled to
re-ice only when the growers cannot
re-ice. and that we should be held
bunkers which are under the direct
care of the shippers? Hardly! / be-
lieve it will be held by the commits
sion that preceding is a part of the
refrigeration. and that as such it Is
our duty to pre-cool and re-ice."
The railroads, however, yesterday did
not offer any evidence to bear up this
statement, neither has any testimony
so far been introduced to support it.
TIE roads overlook the fact, or at
least refused to explain it, that the
westbbund cars are refrigerated by
the various eastern shippers without
objection.
Meat Barons Privilege
The Armour, Cudahy, s I'D
various other meat companies. we'll
aG numerous wholesale concern deal
ing in cranberries, etc, are allowed
to refrigerate their own cars, and have
direct charge of the icing and re-
icing. without objection by the rail-
roads, who admitted at a previous
hearing involving rates in Missouri
that they were glad to get rid Of the
responsibility, although it does not
eliminate their legal responsibility as
common carriers to deliver the ship
ment intact as originally packed and
shipped
If this is permissible with westbound
products, why Is it not permissible
with eastbound products? ask the
citrus fruit growers.
"a few years ago sleeping cars were
not necessary said Attorney Norton
frigerated cars We're not necessary.
custom and changing conditions de-
mand improvements. The sleeping car
and the refrigerator car now are es-
sential, and If essential to railroad
service their proper maintenance also
is essential, and if their proper main
tenance is essential then 1t is essential
that the railroads supervise that main
tenance. 1t is out OF the province of
the shippers to tell us how we shall
handle their fruit, so long as we de-
liver it within the stated time and it
arrives in good condition And it is
distinctly within the province of the
railroads to ray what the shippers
shall not do if they are inclined to
do things which will interfere with our
service and delivery,
Probers Depart
Commissioner Lane left for San
Francisco Monday night, and Commits
sioner Prouty left for the northern
city last night Attorneys Durbrow,
Norton. Call and other lawyers repre-
senting the various interests involved
will not meet the commission again
until Nav II, when they will go to
washington to make the final argu-
ments.
the Santa Fe, was among the most
important witnesses yesterday. He
submitted some interesting data and
nroved to be a much more valuable
witness than was the Southern Pa
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