Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-07-03
DELAY LOOKED FOR
IN MELON DECISION
As ARGUMENT ENDS

Following completion OF argu'
ments late Monday, the federal tri-
bunal Of three judges took under
advisement the question Of grant
ing the permanent injunction sought
by three railroads against the en-
forcement Of the embargo on Flor
ida watermelon shipments, as order
ed by DR.. Peter F. Bahnsen, Geor-
gia state veterinarian, and it was
indicated Tuesday that several days
would elapse before a decision.
All of Monday was consumed in
hearing the case, which was brought
by the Atlantic Coast Line railroad,
with the Seaboard Air Line and the
Georgia Southern and Florida rail
roads as intervenors. The case was
heard by a tribunal Of three judges,
including Judge Sibley, Judge w. H.
Barrett, Of Augusta, and Judge
Nathan P. Bryan, Of Jacksonville,
sitting in circuit court of appeals
at New Orleans. 1t was considered
likely Tuesday that they would take
the case under advisement for sew
eral days before rendering a de-
cision.
With the reading of documentary
evidence concluded shortly after the
noon, recess Monday, all of Monday
afternoon was consumed in argu-
melts by both sides. Attorney Blair
Foster, of the firm Of Aston, Aston,
Foster & Noise, representing the A.
c. l.. railroad; Attorney Robert S.
Parker, of the firm of Randolph &
Parker, representing the S. A. l..
railroad, and Attorney J. e. Hall, of
Macon, representing the G. S. & F.
railroad, opening for the complain
ants.
Seminole Attorney Aids
w. j.. Bryan, attorney for Semi
mole county, Georgia, who assisted
the Georgia state forces in their
defense against the injunction order,
opened for the state and was follow
ed by Attorney General George M.
Napier. Robert c. Aston, of the
firm Of Aston, Aston, Foster &
Noise, made the concluding argu-
ment for the compliments.
At the outset of the hearing, At
torney Hall filed an intervention in
the case in behalf of the Georgia,
Southern and Florida railroad, bring
ing the number Of compliments
against Dr. Bahnsen's order to
three, the Seaboard Air Line and
the Atlantic Coast Line railroads
having appeared as compliments in
the original bill.
Attorney Aston then opened the
case by reading the original petition
which charged that DR.. Bahnsens
order amounted to confiscation of ap-
proximately $1,000,000 worth of
Florida watermelons already for
shipment and that it was an unjust
burden on interstate commerce and
unjustified by any emergency.
Embargo Hits at Straw
The petition further charged that
DR.. Bahnsen was without legal au-
thority TO promulgate such an order,
and that the embargo was placed on
Florida watermelon shipments solely
by DR.. Bahnsen, the approval of the
Georgia commissioner of agriculture
not having been given until several
days after the order was issued.
DR.. Bahnsen's order was based on
the claim that pine straw in which
Florida watermelons are bedded for
shipment come from Florida fields
that are infested with cattle ticks,
land that these ticks are spread into
Georgia fields in transit.
Expert Testimony Given
The first evidence introduced was
an affidavit by Nathan Mayo, Florida
commissioner Of agric 'lture, to the
effect that very little, if any, danger
Of cattle tick re-infestation existed
as a result of the cross-state ship
ments. Mr.. Mayo's affidavit, which
was presented by Attorney Aston,
pointed out that the pine straw bed
ding is gathered from old fields where
cattle do cot range, and that none
of it came from tick-infested sections
of the state. He pointed out further
that the pine straw, when pressed
down by it's load Of watermelons,
reaches barely two and a half inches
above the floor of the cars, that the
cars are lined with heavy paper and
the doors pa ooted witl siX-inch
boards. and that therefore no danger
exists of ticks sitting out onto the
road bed in transit.
Tells of Reinfestation
The first affidavit introduced by
| Attorney General Napier was by DR..
| w. +. Martin. federal animal in
spector Of Americus. which told of
an alleged reinfestation of cattle ticks
which occurred last year in and
around brownsville, Ga, Us a result,
he supposed. of the ticks being
brought in by pine straw bedding in
the watermelon cars.
Other dispositions by state and
county inspectors were also intro
duced to furnish additional details
Of the alleged reinfestation at Thorn
lasville
Several other dispositions by south
Georgia farmers were TO the effect
That their eNnerience convinced them