The Washington times., 1911-12-29
LEMON RATE AGAIN
LOWERED BY ORDER
Of COMMISSIONERS
New Line of Attack on Com.
merce Court Begun In
Fight of Shippers.

The Interstate Commerce Commits
sion today handed down a new order
in the California lemon rate case for
the second time ordering a rate of 81
a hundred pounds on lemons shipped
from southern California to points east
Of the Rocky mountains, and ordered
the railroads. to cease charging the
$f.15 rate for two years after February
Is. The commissions order is precise
ly the same as the one enjoined by the
Commerce Court in October.
The commission also granted south
ern California lemon growers repara-
ton Of all freight charges paid exceed
ing 81 per 100 pounds, the amounts to
be determined later.
The commissions order begins a new
line Of attack in the war now being
waged against the Commerce Court.
In view of the recent astonishing an
nual report Of the commission, in which
the Commerce Court is charged with
bias in favor of the railroads, and in
which the commission Is particularly
caustic in its comments on the lemon
case injunction, the new order is re-
garded as designed to put the United
In Its annual report the commission
observed sarcastically that the court
granted the injunction apparently be-
cause the commission in its first order,
devoted two thirds of its report to a
discussion of foreign competition, out
side Of its authority, and only one third
to the facts on which its order was
based.
The order today more than reverses
the first report in form. containing
only brief mention Of the competition
Of Sicilian leWon growers. and devot-
ing the rest of its long report, to a
discussion Of the reasonableness Of the
rate per sc.
Expect An Appeal.
H. is expected that the railroads will
instantly appeal to the Commerce Court
for a review Of the new decision, and
this will put the reasonableness Of the
rate itself up to the court. In light
followers of the fight against the court
will watch its decision with interest.
A number of bills atolishinG the Com
merce Court are now pending in Con-
date on which the railroads must com
ply with the order, the commission mas
made 1t imperative that. IL any appeal
is taken. the court must decide the case
while the present session of Congress is
The speed with which the commits
sion acted, ordering a rehearing, ex-
amining witnesses, listening to argu-
nentS attorneys dHu Out ltS
decision, since october 8 is Regarded as
the determination Of the commission to
put the court on record in the lemon
case while the present bills against the
court are discussed In Congress.
Most of the commerce court decisions
against which the commission COM
plains were appealed to the Supreme
Court and come up for hearing on jan
uary s, when II is conceded by both
sides that the final test will come. But
the commissions attorneys did not ap-
peal the lemon case, the commission
preferring to draw a new order techni-
cally in line with the courts decision
instead.
Commission Sarcastic.
The commission in it's order today
continues to be sarcastic at the expense
of the court.
Had we understood" the report
reads, "that the number of lines used
| in stating the issue was to indicate the
weight attached by us to that particu-
| lar considera ton, we should have beer
more careful in the phrasing Of oui
| opinion"
The new order is based on the facts
| that the railroads in the past have or
occasions maintained lower rates or
| lemons than on oranges, that the aver
age haul of lemons is 800 miles less
| than for oranges, and that more or
| anges than lemons move under refrig
| Grafton.
Commissioner Prouty wrote the de-
| cision, and Commissioners Lane, Meyer
| and Clark came in with short concur
| ring opinions. There was no dissenting
| nj