The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-04-21
Judge Decreed Receivers
Were to Maintain Cape
Franchise Intact.
WEBSTER-HARRISON
SPRING BOMB AT CAIRO
Railroad Lawyer Says Cape Coal
Rate Should be 80 Cents
Instead IS.


and w. B. Biddle, receivers for the
Frisco, by charging an advanced coal
rate of - cents into the Cape from
Marion, H., have been violating an
express injunction placed upon them
by an order issued by Federal Judge
Sanbon, became apparent last Friday
night at the hearing in Cairo of the
Cape coal rate question.
Attorney George B. Webster of St.
Louis, who was retained by the Com
mercial Club to represent the coal con-
sumers in the Cape, introduced Judge
Sanborn's order made some time ago,
decreeing it imperative that the re-
.ceivers for the Frisco maintain and
keep inviolate the franchise contract
between the city of Cape Girardeau
and the Frisco.
The introduction of this order of the
court, coming near the close of the
hearing before Examiner Fleming of
the Interstate Commerce Commission,
put a different aspect upon the Cape's
coal rate case, and Charles l.. Harri-
son, who has been working in conjunc-
ton with Mr.. Webster as chairman
of the Commercial Club Traffic Com
mittee, yesterday was sanguine over
the outcome.
The Sanborn order was brought ont
at a night session of the hearing when
testimony was taken in the coal rate
situation. Mr.. Webster and Mr.. Har-
rison worked for a return to the 60
cent rate, following two lines Of
argument
The 60-cent rate is made a part Of
the Cape franchise contract with the
Frisco. 1t was argued that any adj
vance over that figure is in violation
of the contract. The attorneys for the
Frisco, the Illinois Central and c. &
f. |. railroads endeavored to keep that
contract out of the record, asserting
that it had no bearing as far as the
commissioners were concerned.
Examiner Fleming allowed the fran
chise contract to be included in the
testimony, however. The Cape repre-
sentatives then proceeded to introduce
exhibits showing that the city is en-
titled TO the 6O-cent rate on the merits
of the rate itself.
The exhibits that Mr.. Webster and
Mr.. Harrison offered showed in one
instance that the railroads were charg-
ing two times as much per mile for
hauling coal from Marion, H., to the
Cape, as they were from teh same
point in Illinois to another location
three times as far away as is Cape
Girardeau.
Several other inconsistencies we're
uncovered in the tariffs which were in
Guided in the testimony.
The proceedings before Examiner
Flexing will be forwarded to the
members of the Interstate Commerce
Commission, and it may be several
months before a decision is handed
down.
In the argument over the question
as to whether the Cape's franchise
contract should be included in the
testimony, Thomas Bond, commerce
attorney for the Frisco, made it clear
that the railroad would try to evade
the terms of the contract.
The franchise contract was drawn
under pressure, he said, and the rail
road felt that it was forced contract.
He said that the railroad had deter
mined that at the time the franchise
was drawn it was question of litiga-
ton then or sign the contract, and the
road chose the latter course.
There were twelve attorneys repre-
senting the railroad at the hearing.
One of the railroads witnesses, G. H.
Hummer, coal agent for the Frisco,
declared he thought the 75-cent rate
that now is being charged the Cape is
too low, and that certainly the 60-cent
rate made in the franchise was too
low
Hummer said the rate on coal into
this city ought to be raised to 90
cents. The witnesses for the Frisco
declared that the advance of Is cents
in the Cape's coal rate was made
necessary by the advance made by the
c. & E. /.
Mr. Webster, representing the Com
merial Club, will cooperate with
City Counselor o. A. Knehans in in
terpleading in the Frisco foreclosure
sale to obtain the assumption of the
Cape franchise contract.