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MADS
ABANDON
POSITION
U
MI INITIATIVE FREIGHT-RATE BILL
ABOLISHES COMMODITY RATES
Brief Filed hy Attorney-General Crawford for the people Upholds Intent
of Law" to Secure Uniformity In R elationship Between Class Rates But
Does Not Lay Down Any Rule as to What Ratings Should Be Given
Carload Minimum Established, But No Rule Dctininq Exact Weight.
'l.UUMUlHm TO
ILL
Formulas In Initiative Act Declared to Be More Simple Than the Form
ulas Now Contained In Railroad Tariffs and Classifications Claims of
Confiscation Urged by Railroads Answered and Denied.
The soooud lcpnl hat Ho over the
initiative frricht rate net adopted by
the people in Hie general election of
November was foiujht before the fed
eral court on Monday, the 13th.
Counsel for the railroads receded
from the original stand on the ipics
tion involving commodity rntos. and
practically accepted the state's views
that the lnv doos not compel tin
mining of any rates, and that sin-h
articles ns live stock, lumber, etc.
now provided with special rates wlit?h
arc less than the mnximum liaJsis of
the law are not affected.
Counsel for the, railroads nNo
stated to tho court that the views of
the interstate commerce commission
held that the carload system was 'Ac
mo'St economical both to the carrier
nod the public and should be encour
aged and enforced to the fulles-t pos
sible extent, and in this regard,
to tho economy of the carload sys
tem of transportation, the railroads
concurred. Attorney-general Craw
ford pointed out that this was exact
ly the position of tbo state and what
it claimed was tbo intent and effect
of tho initiative law, therefore all
parlies were in accord on this point.
Attorney fl moral Crawford iu be
half of the slate presented his chief
argument '" the form of n brief of
which the following a brief synepsis:
Synopsis of Itrlrf
The intent of section 1 of the act
is to secure uniformity in the rela
tionship between tho class rates which
nro u part of the classification of
freight, but section 1 does not lay
down airj' rule, either by mandate or
implication, what rating shall be giv
en an article. The ratings of arti
cles is left to the suiieni-iinn of the
railroad commission. Sceifie rates
may bo mado indeiH-ndeut of the
classification either by the railroads
or the commission so long as the
maximum rule of the law is not vio.
lated, but lesser rates than the max
imum can be established and main
tained on any article, cither carloads
or less-carloads.
The intent of section 2 of the act
is to provide n carload minimum for
each article uhirli will best suit tho
public, good, hut no rule is laid down
defining the exact minimum weight
that shall bo given. This mnttcr is
left for negotiation between shipper
and the railroads or tho judgment of
tho commission upon complaint and
investigation. It does not require
that more than one minimum carload
weight shall bo given each article, but
more than one minimum carload may
bo given if tho railroads see fit to
fix it or the commission orders it.
The minimum carload rules in sec
tion 2 are merely the reflection of
the present rules of the railroads on
this point.
Notations of Shipments
Tho intent of section 3 of the act
is to providn relationship between n
K'ss-carlond shipment and n carload
shipment upon such minimum car
load weight us niny bo given tho
tirtielo eitlier by the railroads or the
commission, or in tho absence of n
minimum fixed by either of these, the
law prescribes n fixed minimum of
.10,000 pounds, which is n rule repro
duced from the tariffs of tho rail
roads. While section 3 grades the
rate according to the minimum weight
given it does not imply nor compel
that all tho graded minimum weights
shall bo given to each article, but
only ouo minimum carload weight
need bo provided. At the option of
tho railroads or order of tbo commis
sion two or more minimum carload
weights may bo given the samo urti
do iu which event the article would
ho given two or more rates according
to tho weight of tho carload. Many
illustrations were given in connection
with this section to show that this
jnnctifio is now in nso by tho rail
roads of carrying two or more rates
on tho samo article at different min
imum weights,
Many illustrations wero also given
to show that tho relationship be
tween n loss-carlond and n carload
into as provided iu the law uro not
niliitrary nor extreme; that the clas
sification, tho interstate commerce
commission nlul (ho tariffs of tho
railroads carry wider percentages
tmn thoo prescribed in the law for
tho samo minimum carload weights.
Jlto Oregon code now provided a
principle of this relationship and fix
ed the percentage on basis of a. 20,
000 lHiuiid minimum carload weight
of 70 per cent of the less than car
load rate, which is the same percent
age ued in the initiative rate law
for n 20,000 pound minimum.
Initiative Formula Simple
The formulas in the initiative net
are declared to be more simple than
the formulas now contained in the
railroad tariffs and elasificat'o'is
and rates can ho computed under the
initiative law with far less liahil-'y to
error than by the ruilroad formulas.
It is stated that there is nothing novel
nor radical iu the formulas of svi
tion 3 of the act; that it is mervlv a
gentle step toward uniformity in the
making of rates which is the irri-it-
ible tendency of rote making by law.
Section 4 of the act merely follows
the rules and regulations now carried
iu the railroad tariffs and classifica
tions regarding mixed carloads atid
the fixing of carload rales mi bnsi
of the lowest rating gien the le-s
carload rating.
The matter is summarized in th
following werds: "It will be seen by
what has been said of the initintiw
law, and of the citations and illus
trations in explanation and supixut
of its -provisions, that in it entirety
it simply embodies existing laws and
tariffs regulation aud rules now im
posed and established for the regula
tion of traffic by common carrier-,
and in no particular does it introduce
anything new, novel or radical, neith
er are its terms uncertain or am
biguous, unless the current laws and
tariffs and classifications can neith
er be understood nor applied, aud as
they nre applied it follows as a log
ical deduction they are sufficiently
cler to be understood by n large
and diversified number of crsous in
the railroad service throughout the
nation. And us the rules contained
iu tho initiative law nre plain these
same jersoiis will cxjcrienee no dif
ficulty iu using them in arriving at
the maximum rates prescribed. As
to the minimum rates that tuny be
established at will of the railroads or
by order of the railroad commission,
tho secific rules for such specific
rates are not subject to the tonus of
tho Inw, and therefore it cannot be
held nccountablo for such specific
rules nnd rates."
Confiscation Claims
As to the confiscation claim of the
railronds tho brief points out the
Tale for tho determination of the
effect on tho revenues of a carrier
must bo upon the net rate and not
the gross rate. Ik'cmiso of tho ex
tremely high cost to produce less-
carload transportation, especially
for long hauls, n diversion of tho
toniiage from n less-carload move
ment to a carload movement, which
tho rate bill will encourage, the same
amount of traffic moved iu carloads
will return a greater net revonuo to
tho railroads than nt present whoro
such tonnage is eompollcd to movo
at less-carload rates.
The pre&ent rate adjustment was
fully illustrated aud the fact brought
out thut where the difference between
a Ici-M-cntlond and u cniload rata
was only ono class, such as is pro
vided on the principal articles of
daily consumption, especially in the
grocery lino and iron articles, that
tho business is centered at ono point
in violation of the law and tho prin
ciples of correct rate making.
The brief states, "(lie rclicr sought
in the initiative rate bill is for no
particular locality, shipper, or arfiele
but its intent is to secuio cqiuility
for all, No other form of u law will
accomplish uniform aud universal
justice and equality than upon tho
principles embodied in the ineasnio
and in the mnnner of the application
of its rules."
Development Divurfetl
It is argued under the present sys
tem maintained by the railroads the
development of Oregon is dwarfed.
Under tho people's system no injury
will ho dono legitimate business. The
manufacturer will ship bis goods in
such form best suitable to the needs
of tbu peoplo nnd tho community. If
tho consuming territory still desiies
small quantities at lcss-carload rates
tho business will so move; if the
community desires shipments in car
lofs, tho business will so move. Iu
tho decree tho people elect to wovo
IraVrtrtarir .rarararartarti
IHBV arorbrbrtaLH
JOHN Cr VKI-S fr-Us-N.
The t'olis State UnliaMndor to
erniuu.x John U Irishman, t iipUit
.11 at IU llorllu home til friends are
very much worried over hi continued
Mnc.. It wn hn-niKP of Mr. I.elsh
man'. Indisposition that the r.mlmj
abandon! It uul N'ovv Year' relc
tirot'K"
ASSERTS ST. CLAIR
PRACTICED FORGE Y
shipments iu car lots to that extent
the carrier will increase his net mto
and to that extent the consumer will
decrease his tnttwxrtntin cost.
The brief states in conclusion Hint
"while the people's system is a de
parture from present methods it is
not destructively so to any property
interests. It is simply a elmnge in
the method of truuHrtntion where-b-
traffic is diverted from the move
ment in small quantities to the car
load system so far as the country is
prepared to Use it on basis of volume
of consumption. If the people do
not desire to ship in car lots, not one
pound of traffic will be diverted from
the present method. Such Pottlnnd
interests who nre now doing business
on a job lot scale can still continue
to do business on this settle where the
people demand it, and in addition do
business on the whotcsnlc scale iu
the consolidate volume of the carload
where the people demand it, but it is
neither the right of the carrier nor
the privilege of any business interest
to uny to the peoplo in what exact
form they shall buy their supplies
of transportation and hy collusion of
such carriers and interests comicl
the people to trade at any given point.
People's System Supported
"It lias been shown herein Hint
tho s?ople's system is supxtrted by
statute, by legal decree; its oeration
defined and explained, the workings
of which will accrue to the benefit of
the greatest number, therefore it is
for the public good; it will eliminate
wate in transportation and thereby
inerens,. the efficiency nnd capacity
of the carrier and produce transpor
tation at the lowest cost to the con
sumer nnd not impair the profit of
the carrier, but rather increase it. A
system so beneficient should lint bo
suppressed; it should be cHeournged
and given, the broadest lent and be
nllowed to oncratc without restraint."
Tho brief covered evory 4nc of
the question and present tho eo
ple's sido of tit coiitrorery plainly
and in detail.
The court, nllowed the railroads
thirty days in which to tnnke reply
to the nrgument of the state.
HEROINS SHEEP
1'OUTI.AN'I). Jan. 1 S. Thftt ho
lined to sit In a clump of hushes
watching his sheep and practicing t)io
tho forging of names to blank cheeks
and that ho has been a criminal so
long Hint ho can't remember when
he started, were the statements made
by John St. Clair, alias John forgot
sou, alias JohiuAtlUou, this morning.
when ho confessed to Ifi robberies In
Oregon, three In California and to
having shot James Miller, a ranch
baud, to death on the streets ofVlna,
Cal., December 1.
Without a sign of remorse, St.
Clair told how he shot Miller aud
then escaped, leaving his partner, A.
K. Diet, to bear the blame. lie
told how, when Melt had been ar
rested for tho crime, he, St. Clair, had
committed, he had Induced Dlott's
wife to come to htm til Heddlng. Cal.,
bringing with her her two children
nnd hoy under the guise of a respec
table man of family he carried on Ills
robberies.
St. Clair's accomplice, Mrs. Dlett,
told how the man with whom sho cast
her tot sat In n Southern Pacific
train calmly smoking n cigar while
Called Slates secret service opera
tives and railway officials wore
searching tho cars for tho robber, of
whom they had a description. Snfo
In his role as respectable man with
family, he leaned back In the seat
ami surveyed tho proceeding cold
ly. ''No mnn over adopted a cleverer
way of fooling authorities than did
this man St Clair,'' said I'mttofflco
Inspector Morse this morning "Kven
at HoHchurg wo nearly passed hi in by
because wo wore not looking for n
family man. Hurely, wo reasoned,
this man with a wife and two children
cannot bo the fellow for whom wo
are searching. It he had been trav
eling alone ho would have been ar
rested long ago.
"St, Clair Is clover and ono of tho
most dangerous men with whom I
ever dealt. Ho has nerves of Iron.
Ho will kill you as quirk as ho would
look nt you."
U. S. Attorney McCourt said this
morning that ho would turn the man
over to California authorities and let
them prosecute him on tho murder
charge Instead of holding hint hero
on tho robbery count.
Mrs. Dletx has been sent to tho
l.oulso Home.
Meilfonl A (lood Town.
Medtord Is a mighty good town,
worthy of tho best of everything.
That's why wo have Joined tho Amer
ican Drug and l'rcss association and
offer to oar people tho Merltol lino of
goods, gunrauteed Iu ovory way, with
preparations, made by tho associa
tion and sold only through tt mem
ber. There Is nothing llko these
goods, gunrauteed In every way, with
out an equal, mado by experts. Wo
want Medford people to have the
best there Is, so wo offer you this
lino. Atk to seo Merltol good at
ilnsklns' Drug Store.
"WALK-OVER" SHOES
Hotel Medford
Itoom
ami up.
ItoolUN
and up.
Seclal rates
without bath 30c per day
Willi twilli St. HO per day
liy week or month.
Combination breakfasts every
morning 113, IU nnd -1.1 cents.
rp
FoinoiTow wo will HL'nin
It
servo ono oli-our famous
50 DINNERS
J foul's ') (o 9 p. m.
No reserved seats after G:H0
Announcement
Wo lme engaged for n short time
nt a very largo oxix-nso Item Carl
(irlsst-ii of Merlin juhI Mine, t'aptotlu
Ctlync, concert Kt.s, commencing Jan
uary
Id.
If you knew just how com
fortable Valk-0cr Shoes
nre nnd how well they
wear we know you would
"let your nett pair be
Walk-Overs."
They nre the
the World."
"Lender of
They ore made of every
leather and in enough
shapes to perfectly fit
every foot in n shoe, cor
rect for every occasion.
Conscientious service on
our part insure you all
you will reipiire of n pnir
of shoes.
Bohling's
"GOOD FIT"
SHOE STORE
s-
T
Electric Heating
Current for y kilowatt air heater (will heat about HOO cubic feet)
$2.00 per month Flat Rate.
Current for kilowatt air heater (will heat about 7H0 cubic foot)
$2.50 per month Flat Kate.
Current for .1 kilowatt air heater (willhcat about 1000 cubic feet)
$3.00 per month Flat Rato.
Current for 1 kilowatt air healer (will heat about 1H00 cubic feet)
$3i50 per month Flat Rate.
Current for 2 kilowatt air heater (will heat about 2000 cubic feet)
$4.00 per month Flat Rate.
Current for 2j kilowatt air heater (will heat about 2f)00 cubic feet)
$4.50 per month Flat Rate.
Current for ',) kilowatt air heater (will-heat about MOO cubic feet)
1 , $5.00 per month Flat Rato.
v Abovq 3 kilowatts at the rate of sjOO per month flat rale for each JJ kilo
watts installed. ' - ,
.1- ' ., ' '
On account of having a certain amount of power that is used in thq sum
iner for irrigation we arc making tho above rate for oleotric heating to apply
from September Jst to May .1st, only. f.
California-Oregon Power Co.
216 WEST MAIN STREET
FOR STATE UNIVERSITY
At tho meotliiK tiold Friday of tho
I'nront-Teaehors' association, tho fol
lowing resolutions weio adopted af
ter an address bv Miss Hmiim Wold
of Certland:
"Whereas, In view of the rapid In
dustrial, political aud social channcii
takliiK placo In tho United lltutoa
especially Iu Oreaon It Is Imllnpcit
Hlblo that schools aud collets should
match with tho Koticrat movement)
and, since of all societies, n demo
cracy like ours inonl needs tho Kiild
unco of trained thoiiKht; aud,
"Whereas, Oregon stands linen
vlably at tho foot of the list amont;
..A.I ...! U.ui. .IL1.E
tint northern states In tho minuort of
Its Institutions of holier education)
and,
"Whereas, the peoplo voted down
on the fifth of November, under a
mistaken Impulse or economy, n ra
tional proposal, In tho mlllaitn bill,
not meiely for tho support of hlnher
education, but for tho liarmonltlut)
and uulfyliiK of Itii foicc.t In the state!
thoiefoio bo It
"llesolved, That wo of tho Patent
Teachers' association of Medford, rep
rcseutlntt the parents aud tencheis of
Medfold, do hereby petition tho
members of tho Oieitou stale lenln
laturo to make adequate provlMlou
for tho support of Its state univer
sity and to provide dellbitratlvo ma
chinery for tho just and sound solu
tion of tbo problniUM of tho relations
of tho different Institutions of hinder
education "
' ' i
YOU WILL SAVE MONEY
IF YOU BUY PAGE FENCE
TkE PRICE OP OTHER FENCE IS ADVANCING
BUT THE PRICE OF PAGE FENCE
REMAINS THE SAME
j. tt -J MEf4rft"
Wo can supply you with anything iu tho foneo lino,
or will contract, to fence your farm complete.
J.et us figure with you.
Gaddis Dixon
"THE PAGE FENCE MEN"
134 N. Riverside Avo. Medford, Oregon
W
msm
m
IUIiny itayj; Fruit and Flowers
Heath Hathini: and Sun ILthti
Delightful Automobile Drivci;
Golf, Tenuis and all manner of
Sports. In ilmrt ,
WINTER OUT OF DOORS,
THAT'S
California
Low Round Trip Fares
MOM
Central Point
Roscburg
Medford
Oakland
Grants Pass
Ashland
and from other Main Line and llranrh Line I'otnti to
l.oi Ani.'dct, Cotton, i'judcua, Ktvcnlile, Salt lUrrucHno
anil other Cilifornu 1'nintt with itott. overs In either
direction and long return limit
THROUGH TRAIN SERVICE DAILY
Ian PrancWco Cxpraisi
Will, OUtn.ilo. Cli, fyllata Suti4 iiul
'fuuilii Cm iikltUiiffl blifcUikxtl
California Expraaai
Wlik iMhltrJ iii4 Tvwlil tl,f ln Cm, ill .ml
Slfk talk M.I il.y i.libt, tJ 4II HI
Atllulti conned n Sin rrtwlico wlik ikinuik liiUm lulm
,14 04u ol luuik ikiotiik I oi A(io i4 Ike liinttt Kvuic
Forltifi, llctpltf c.l tccoinnioJ.llsiii, ikkrit l tlitftigit
u Ciliruii.L, till oi, oiiif ,1 iir bf, w wiltf
John M, Scott,
General 'auen;er Agent,
1'ortUiul, Oregon,
ftv
a&
ifl'lffl'll '3UM3tT V -?fT
' "' ' ' ' '-3saaaAsa(
V
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