Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-29
DEMAND FOR FREE
FREIGHT DELIVERY
Merchants File Protest With
the Interstate Commerce
Commission.
SUSPENSION OF SERVICE
is TERMED RETALIATION
Insist Railroads Must Give Washing
ton Same Service as Is Accorded
Baltimore.

Assertions of retaliation because they
were compelled to increase their free
delivery zones and of violations of Law
II they have been delivering freight in
Washington free" were made agains,
the Pennsylvania and Baltimore and Ohio
railroads in two briefs opposing the pro-
posed discontinuance of the free" deliv-
cry service. filed with the interstate COM
merce commission today. The first charge
was contained in the brief of J. Raymond
Hoover, representing individual mer-
chants. and the second in that of Milton
%. Rosenberg, representing the Retail
Merchants Association of Washington.
Mr. Hoover represents Judd & Detweiler
and the r. F. Brooks Company In this case
before the commission. Mr.. Hoover points
out that 1t is the duty of the carriers to
furnish all services in connection with the
receipt. delivery and handling of freight
He attacks the railroads statement that
the congested conditions which caused
the institution of the practice do not now
exist and the statement that the rates
have been reduced.
The protentants' attorney disputes the
railroad attorneys contention that the
adjustment of the practice would result
in increased prosperity to the city. and
asserts that the fear that Richmond may
demand the free delivery if it is retained
in Washington Is not of Importance, be-
cause Richmond is not served by the car
risrs involved in this proceeding.
Followed Anacostia Decision.
Mr.. Hoover first takes up the matter of
retaliation. 1T is interesting. not to say
at,
discontinuance of the practice follows
(but precedes the effective date of the
order of the commission in the Anacostia
case. With righteous Indignation and
with self-praise for conservatism and
!. prudence, the carriers rely on a presump-
ton of good faith rather than on appar-
ent fact OF course there is no presump-
ton OF wrongdoing arising from a change
In rate. but when change follows on the
heels OF a judicial determination and the
proposed change nullifies the order-and
such is the fact and effect at Washington
and when with respect to another city
there has been no judicial determination
and there is no proposed change Except
on goods from Washington)-and such is
the fact at Baltimore-one cannot be per-
mitted to rely on the rule laid down in
]. c. c. agt. C. G. W., for in that case
there was initially no evasion of a ju-
diciaf determination or of an order of the
commission. However, according to Mr.
Hoover. ''the rule is otherwise when the
act Is In known defiance Of the judicial
process and with evident purpose Of
defeating the power duly conferred"
The brief points out that the proposed
adjustment of delivery practice is an adj
vance IN rates, and then declares that the
act Of June D. 1906 makes it the duty OF
the carriers subject to the act Ito furnish
such transportantion'-whi in addition
to other things. shall include .
all services In connection with the re-
ceipt delivery and handling OF
the property transported
70 Follow the Railroads.
petition had anything to do with the in
staiiation OF the practice. Mr.. Hoover
states that It Is strange that the water
carriers should have long had and still
have the same service and propose to
continue or discontinue 1t as the rail car
riers may be compelled or permitted
1T n asserted" he continues. that
congeSted freight houses caused the prac-
tice and that now. with increased ware
house room. the necessity disappears; and
yet, the increased warehouse room-ad-
hitting that 1t Is such-had been in use
six or seven years prior to the decision
In the Anacostia casei
The question. as We understand 1t, is
not whether the service can be compelled
but whether. having been established and
continued for thirty years. and. whether
having long been In existence at a COM
peting place Cat which its is proposed to
continue iU, and 1t appearing competing
water carriers perform the same service
the rail carriers may or ought to be re-
quired to keep up the practice in Wash
ington."
The brief asserts that the service is IN
its nature accessorial service and declares
IT is similar to services performed by the
ran carriers In various parts of the coun-
try.
The reduction Of rates Is not propor-
tionate to the general reduction Of rates.
according to the brief, which on this
point says: The carriers point with
pride and as justifying the discontinu-
ance OF the practice to the reductions In
rates which have occurred since 1913
Admitting the reductions. IL Is proper "a
point out that these reductions are moi
commensurate with or proportionate 10
the general reductions of rates of car
r1ers in the time mentioned nor OF the re.
spondent carriers.
Data Is Not Available.
'On the question OF reasonableness of
the rates. absolute and relative, the rec
ord Is meager: there is nothing of the
cost Of performing the entire service. the
volume OF the tonnage or the usual ele-
msnts by which the reasonableness of
rates are determiaey. All of this informa-
ticn Is In the hands OF the carriers, which
failed to adduce il. They rely in this be-
half entirely on comparisons of rates.
using as bases rates which have never
been subject to the scrutiny of investiga-
ton and determination. Admitting for
present purposes the propriety of using
such basis. an examination of the elab-
crate tables of rates discloses that the
Washington rates. all things considered
are sufficiently high to include what has
heretofore been and now is included-the
cost 10 the carrier OF free store delivery.
so-caJied-
As to the matter OF discrimination be-
tween Washington and Baltimore. Mr..
Hoover declared that il has been clearly
larry between the retail merchants of the
two cities. and that the consumers OF
washington now and for years have
shopped in Baltimore. Even the possi-
bility. not to say the right" he says, ..of
the Washington merchau 10 sell his
home folks. il is proposed to deny by IN
reasonable and artificial rates for 4 ba re
station to- station service. upon the proph-
esy of railroad counsel that iohbinc
houses will be established in Washington
to greater extept than has hitherto
been the case. and that the prosperity OF
the community will be ultimately ad-
vanced'"
The right OF Richmond TO demand free
delivery service IL IL is maintained in
Washington and Baltimore. Mr.. Hoover
takes up and points out that the southern