Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-06-24
COURT RAISES BAN
ON STRAW-PACKED
FLORIDA MELONS
Bahnsen's Embargo Is Void
ed Pending Arguments on
Final Injunction

The way was cleared Saturday for
the shipment of thousands of car.
loads Of watermelons embedded in
pinstraw from Florida through Geor-
gia to northern and eastern points,
with the signing by Judge Samuel
III. Sibley, of United States district
court, of an order lifting the embar.
go placed on such shipments by DR..
Peter F. Bahnsen, state veterina.
rian.
Enforcement Of DR.. Bahnsen's or.
| der was restrained pending hear.
ing on a permanent injunction.
| which will be held before a tribune
fthree federal judges either on
| June 80 Or July 1, the date depend.
ing on the time that the three can
| come to Atlanta.
Judge Sibley's order, which was
issued on petition of the Atlantic
Coast Line railroad, with the Sea-
board Air Line railroad as intervenor,
ordered both of these roads to give
bonds in the sum of $4,000 each to
indemnify the state Of Georgia
against any loss sustained by cattle
tick manifestation as result Of the
watermelon shipments.
In suspending DR.. Bahnsen's or
der, the judge also directed that all
freight cars in which shipments Of
watermelons were imbedded in pine
straw be lined with heavy paper and
protected by a 6-inch plank at the
doors to prevent the pinestraw from
shaking out on the roadbed in
transit.
Napier Defends Order
Judge Sibley's order was issued
after a hearing in chambers, at
which appeared Governor Carey
Hardee, Of Florida; w. J. Mayo,
Florida commissioner of agricul.
ture; Attorney Robert S. Parker,
representing the Seaboard Air Line;
Attorney Robert G. Aston, repre-.
senting the Atlantic Coast Line, and
H. H. Preston, general agent Of the
Atlantic Coast Line.
DR.. Bahnsen and Attorney Gener.
al George M. Napier appeared in
support Of the state veterinarians
sidered absolutely necessary at the
present time to prevent the tick-in-
tested pinestraw from being brought
through Georgia in freight cars be-
cause of the danger of again spread
ing the cattle fever tick in sections
of Georgia that have been freed of
the pest at an expenditure by the
state of millions Of dollars.
ATTORNEYS ASTON oD6 Parker ron.
resenting the petitioners, contended
that the state veterinarian was with
out authority to issue such an en-
barge, that it involved a virtual con.
fiscation of the Florida watermelon
crop, worth more than $1,000,000.
and that it represented an unreason.
able interference in interstate com.
merce.
PeriIs Called Speculative
They further contended that the
danger from possible tick reinfesta-
ton was "highly speculative" de.
claring that the pinestraw used in
bedding watermelons was not gath
cred from the cattle ranges, but
from old fields where cattle did not
range.
In the course of the argument,
Judge Sibley inquired Of DR.. Bahnsen
if the Georgia commissioner OF agrl-
culture had approved the embargo
on watermelon shipments. 1t had
been contended by complainant
counsel that the order was issued
without the agricultural commissions
er's approval
DIR. Bahnsen, after some delay, pro-
duced an undated order signed by J.
J. Brown, commissioner of agricul-
Subsequent questioning by Attor-
ney Aston brought from DR.. Balm
sen the admission that the commits
sioner's approval Of The embargo had
not been signed until either Friday
afternoon or this morning.
FLORIDA REFUSED OFFER
TO HELP TICK CRUSADE
VALDOSTA, Ga, June Pin.
quiries at division office of both rail
roads, Southern and Atlantic Coast
Line, resulted in the statement that
so far as they had been advised no
melons were moving out from Flor
ida packed in pine straw in violation
of the embargo placed on such ship
ments by State Veterinarian Peter
F. Bahnsen.
This is despite the statement of
Governor c. A. Hardee, Of Florida,
that he intended to order shipments
to proceed after the refusal of DR..
Bahnsen to modify his order pro.
tecting the tick free counties Of
Georgia from infestation through
Florida ticks being contained in the
pine straw. 4
This controversy between the off
Gals of the two states is of great
Importance to the melon shippers OF
north Florida and south Georgia as
we'll as to cattle owners in south
Georgia, who have been fighting
ticks at a great expense for many
years.
1t is understood here that some
time ago, when Florida was prepar-
ing to begin tick eradication in a
number of counties, DR.. Bahnsen
asked that the border counties be
worked first in order to protect the |
Georgia tick free counties. 1t is re-
ported that Florida officials replied |
that they were not interested in |
Georgia and selected middle counties
for the work. DR.. Bahnsen later is |
sued his quarantine order holding |
up Florida melon shipments and this |
brought a protest from the Florida |
authorities to which DR.. Bahnsen is !
quoted as replying that he was mot |
interested in Florida melons,"
NO MELON CARS TIED UP
IN FLORIDA BY EMBARGO |
JACKSONVILLE, Fla, June 81. |
No melon shipments were tied ub !
IN Florida as a result OF. the embargo |
of the state of Georgia, according |
to officials of the railroads here. In |
c,,s9s where melon shipments were |
routed through that state, the cars l
were marked subject to delay be. /
eadse of embargo, but were routed |
as usual
1t is understood that none of them /.
wera molested.