Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-17
ACTION CLAIMED
NATURALIZATION
Assertion by Railway Attorney
in Hearing on Free
Freight Delivery.
CLOSING CHAPTER OF
LOCAL MERCHANTS FIGHT
Latter's Counsel Lays Stress on Ele-
ment of Time as Factor in Store
Door Delivery.

Declaring his belief that the commission
would not consider we'll founded the sug-
geston that the railroads were with
drawing the system of free store door de-
livery of freight in Washington as re-
taliation for decisions requiring them to
extend free delivery zones, Henry w.
Bike, attorney for the Pennsylvania rail-
road, opened the oral arguments before
the Interstate commerce commission late
yesterday. Maurice .. Rosenberg sub
mitted argument on behalf of the Retail
Merchants Association of Washington
and II. carleton Hanes for the Chamber
of Commerce.
Each of the attorneys was given one
half hour to present his case, and Mr.
Bikle. in turn, was given two minutes In
rebuttal.
The members of the commission asked
many questions. seemingly seeking fur
Their light on the matter of competition be-
tween Washington and Baltimore, and as
to whether the withdrawal of the service
in this city would be discrimination.
With the exception of the decision. these
arguments constitute the closing chapter
of the fight of the local merchants against
the withdrawal of the service.
MIR. Bike first outlined the troubles
which the railroads experienced in de-
livering freight and pointed to the in
creasing expense. Answering a question
from Commissioner Clarke whether or not
the railroads We're compelled to pay for
extra trip when the merchants re
fused to receive the freight when first
rendered. Mr. Bike replied that they did
not. Mr.. Bikle's reply to further ques-
ton as upon what basis the railroad paid
the drayage company was that they were
paid something like + cents a hundred
pounds and sum amounting to about
$500 week for certain additional serv-
ices.
Mr.. Bike told the commission that it
was his belief that at this time they were
entitled to ruling to show upon whom
the burden OF proof fell in a case of the
Kind under argument.
Commissioner Marble asked the railroad
attorney if. assuming that it has been
free service heretofore. the rate had been
gross rate with discount.
Il don't think So replied Mr.. Bike.
1t was service established wholly for
our benefit.
Haven't YOU paid for it out of these
rates." Commissioner Marble questioned
further.
Not necessarily So replied Mr.. Bike.
Competition With Baltimore.
Commissioner Marble then asked Mr.
Bikle concerning the statement of r. p
Andrews of this city. that there was
strong competition between Washington
and Baltimore, and to withdraw the rates
would be discrimination.
While there may be competition said
Mr.. Bikle, in order that there may be dis
elimination it must be shown that this
competition is on account of the freight
rates paid. He expressed his belief that
it was on account of the low salaries
paid in Baltimore that competition was
red hnf
drews had even referred to this on the
stand.
L Attorney Rosenberg declared that the
store door delivery in Washington was
not free delivery. He also took up
much Of his argument in pointing out
that owing to the fact that the business
of various merchants had been adjusted
to the practice Washington was entitled
to it.
He said he believed Commissioner
Marble sounded the keynote when he de-
clared that when a part OF the service
was withdrawn it could be nothing else
but an increase in rate.
Commissioner Clarke asked Mr. Ros-
enberg If. in his opinion charges were
made for the delivery of certain freight
in Washington from Buffalo, and the
same class of freight from Philadelphia
was delivered free. it would be a dis
elimination. and whether the freight
from Philadelphia should be delivered
free while that from Buffalo was
charged for in view of such a dis
elimination.
Business Adjusted to System.
Mr.. Rosenberg said that if they had
enjoyed 1t for thirty years they were
entitled to it because the shipper and
carrier had adjusted themselves to it.
Commissioner Clarke then pursued
his question by asking Mr.. Rosenberg
IT, in his opinion. one shipper had en-
joyed an unjust service for thirty
years lee thought it should be main
tanned.
THAT is one of the questions which
the commission must decide in the
present case" Mr.. Rosenberg replied
that is. rs it an unjust service?' He
laid much stress on the element of time
as factor in emitting the local mer-
chants to the free delivery.
When Attorney Hanes began his
argument by stating that the Baltf-
more and Ohio railroad. owing to the
fact that it had not submitted any
evidence in the present proceedings.
was not a party to the case. A. S.
Bowie attorney for this railroad.
jumped to his feet for an explanation.
that the territory. rates. etc. were
ractically the same with regard to
the road he represented as with the
Pennsylvania and that he did not wish
commissions time by repetition of the
evidence produced by the Pennsyl-
vania-
Impossibility for Railroads.
Mr. Hanes asserted that the testimony
showed that the facilities of the railroad
had increased only four times during the
thirty years. while the business of the
roads had increased ten times. With
these facts in the record, he continued, it
is an impossibility for the railroads to
handle a service ten times larger with
facilities only four times increased. He
pointed out that IL the rates covering the
free delivery service were not rational
rates, then the compliments were en-
titled to a further hearing as to. what
would be considered rational rates.
In summing up for the railroads. Mr..
Bike declared that. owing to the Difficult
ties in increasing the facilities at Balti-
more to withdraw the free delivery prac-
tice in Washington would not be an I'M
due discrimination.
To Commissioner McChord's question as
to what additional facilities were required
in Baltimore Mr.. Bike said that it was
mainly storage room. He said there had
been negotiations going on with the city
in an attempt to increase them, but that
for some reason or other they were
held up.