The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-04-30
DEMANDFORFREE
DELIVERY IS made
Merchants Give Reasons Why
Railroads Should Con-
tinue Practice.
LAWYER WRITES APPEAL
Contention Is Made that There Never
Has Been Free De-
49,. iveries Here.

That discontinuance of the practice
would not only be a breach Of contrac-
tual relations between the consignee and
the railroad. but is also unjustly dis
criminatory in favor of the merchants
OF Baltimore. with whom they would be
unable to compete. a brief was filed with
the Interstate Commerce Commission
yesterday by M. d. Rosenberg. repre-
senting the Retail Merchants Associa-
ton OF Washington, in answer to the
contentious of the Pennsylvania and
Philadelphia and the Baltimore and
Washington railroads relative to store
door deliveries in this city.
That there never has been free store
door deliveries in Washington, for the
reason that the carriage from the station
to the store door of the consignee has
Slways been contemplated and included
as a part OF the freight charges from
the point of origin, and that the con-
tractural relations established between
the railroads and the consignees, made
certain fixed rates, which included load
ing at place of origin, transportation
over the railroad lines, delivery to the
freight station in Washington, and cart
age TO the store door of the consignee;
and that no part Of same nxed rate
should be regarded as free or gratuitous
is the contention Of the retail merchants.
Burden of Proof on Railroads.
II also is contended by the retail
merchants that the railroads have ut
terlv failed to show the reasonable
ness of the proposed withdrawal OF
store deliveries, and that the burden
Of the proof in the controversy shoulo
rest with the railroads to show cause
why they should discontinue the pres
ent practice. 50
In the briefs recently filed with the
Interstate Commerce Commission py
the railroads they term the practlce VI
srore-door deliveries, which have been
nracticed here for more than thirty
wears free" deliveries. Denying that
free deliveries ever existed in WASH
inyton. but granting that to be inc
case for the sake of argument, MT.
Rosenberg declares free deliveries TO
be a violation of the act to regulate
commerce. which provides as follows:
That it shall be unlawful for any
common carrier subject to the proVl-
sions of this act to make or give any
undue or unreasonable preference OF
advantage to any particular person,
company. firm, corporation. or locality.
or any particular description of traffic,
in any respect whatsoever, or to sub
iect any particular person, company,
firm, corporation, or locality, or any
particular description of traffic, TO any
undue or unreasonable prejudice or
disadvantage in any respect whatso-
ever"
1t will be seen by the above section"
{ is set forth in the brief, that IL
the railroads have been giving free store
door delivery, they nave been doing an
unlawful act as set forth in the above
section. and it can hardly be assumed
Oft nt n
position in this case by claiming to have
violated the law by a system practiced
by them for more than thirty years
past. He that comes into equity must
come with clean hands
Discrimination Is Charged.
In the brief it is pointed out that TO
withdraw the service from Washington
and permit ii to remain in Baltimore
would be discrimination, and is also
In violation OF the law. 1t is also point
ed out that in instances where rates
and services have been of long stand
ing the shippers have adjusted their
business to these conditions of trans
portation and that the removal of any
part of this service would work hard
ship upon the shippers which would not
be justified under the act to regulate
commerce. In support of this conten-
lion a decision Of the commission was
cited in which it was held that such
payment for store-door delivery was a
part of the service rendered, and that
therefor was included in
the rate charged.
In reply TO the contentious set forth
in the briefs of the railroads that they
We're not obligated to make a personal
delivery, it is held by the local merchants