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PAGE EIGHT o . ! Who's Who in Car Mix-Up? (Continued from Page One) 1 der these rules, which record shall be open to inspection by any in terested party. THE PUBLIC UTILITIES COM MISSION OF THE STATE OF COLORADO. GRANT E. HALDERMAN, A. P. ANDERSON, A. P. LANNON, (SEAL) Commissioners. Dated at Denver, Colorado, this 15th day of September, 1921, I do hereby certify that the above and foregoing is a true and cor rect copy of the original order of the Public Utilities Commission of the State of Colorado entered in the above entitled cause and now on file in this office. A. J. LINDSAY, Secretary. Protest Monte Vista, Colorado. September 8, 1291, To the Public Utilities Commission, Denver, Colorado: In the matter of distribution of cars for the loading of pota toes in the Monte Vista district during the shipping season of 1921 and 1922, We, the undersigned potato deal ers and shippers of Monte Vista, do hereby enter our protest against the plan of distribution of [r-~iglul cars as above set forth that has been or will be presented to your hunur-: able body, by a committee of The Monte Vista Commercial Club and individual growers and for the rea sons of such protest do allege and say: Ist. That in accordance with the laws of the State of Colorado, every action or proceeding should be in stituted by the real party in interest The Monte Vista Commercial Club nt thig time has a memebrship of not more than fourty members, practically composed of Monte Vista business men, and this membership is not concerned or interested one way or another in the distribution of sald cars for the loading of pota toes, That the sald plan as evolved wag suggested by a sub-committee of the said Monte Vista Commercial Club, appointed more than a year ago, and the members of the sald committee are now affiliated with the Monte Vista Farmer's Co-ope ative Produce company, a loca. farmer's organization. which exists solely for the benefit of its mem bers. 2nd. That the sald Farmer's Co operative Produce company has sought and Ig still seeking in its own interest to control the aistri bution of cars and to cause the en tire potato crop to move through it as a selling agent That the sald association has en tered Into a contract with certain firm to handle the entire output of potatoes in the Monte Vista dis trict, the detalls of which contract are not known to the petitionerg and objectors herein, but If allowed to consumate their ambitions in this respect, the market in the Monte Vista district will not be a com petitive market and the crop of potatoes therein will not be opén to the purchase of ull dealers, but Is & contract in restraint of trade, That in further pursuance of such aim on the part of the sald assoc fation, your petitioners and objec tors hereln respectfully show unto your honorable body that the sald association has entered into an iron clad contract with the owners and growers of about 4,000 acres of potatoes in the district immediately tributary to Monte Vista and Cen ter, and for your further informa tion, attaches hereto a printed copy of the contract so procured and en tered into, which the undersigned are informed and belleve to be n true copy of the sald contract, and which is hereto attached and mark ed Exhibit “A" and made a part hereof, That reference s particularly made to Bection 6 of sald contract and your petitioners are Informed and belleve that it (s the intention of the sald association to contrac! all of the acreage in the Monte Vista district, consisting of over 22,000 acres, it it is possible yo to do, on & like basis and that ay a result the avenues of trade In this commodity will be closed to the shippers if the proposed system of car distributior ig carried out. ] Srd. That all of the owners and growers of potatoes in the Monts Vista district are not in favor of the proposed plan, statements to the ocontrary motwithstanding, as an ac tual canvass will disclose. ¢th. That cars cannot be loadel a8 desired mor with varieties o potatess dealers desire and th market demands, as it will possible for growers o aet I an arbitrar) ' masner and fores gale of product segardless of esadition of polatoes by reason of having the car in theh I possession. : sth. Loading cannot be expedit ed to insure prompt and best move-! ment as many growers will be un able to dig promptly on short notlcei and if a single car is allotted to, them, the digging crew cannot work‘ continuously and it {s not possible for the grower to hire or lay off the crew at will. ’ 6th. That it will be impossible for dealérs to hefip growers with temporary storage in order to pre-' serve potatoes and maintain digging operations, as the market sought by the buyer may be passed for lack of equipment if cars will be required to! follow the tonnage. l 7th. That common carriers do! not demand proof of ownership when when ordering cars nor do published tarift or rules, require af-| fidavits of any other character. i That an arbitrary plan is sought/ to be imposed upon The Denver and | Rio Grande Western Railroad com-! pany, a public corporation and is discriminatory against your peti tioners and objectors herein, and cannot legally be promulgated by your Public Utilities Commission un- | less and until it be made applicable | to each loading station in Colorado. | That attention {s particularly | called to your honorable body to the right of your commission to| regulate the distribution of cars for| the movement of Interstate Com-| merce, and your petitioners regret, the possibility of being compelled | to question the order of your com mission unless it be made uniform! within the state, and so far as nl may affect Interstate Commerce. | Your further attention is called | to the fact that the proposed plan of car distribution as hereinabove set forth will result in restraint u{i trade, and”it {8 the desire of your petitioners and objectors herein, to| maintain and establish a competi-| tive market and allow the trade in| Monte Vista district to follow {its| natural channels. 24 That if the plan of distribution bhe decided upon by your commission | it will place the distribution of cars within the power of the local association for its benefit and the benefit of {ts particular members and their resulting profit, to the exclusion of dealers and all “other outside growers similarly situated, to regulate the ordering and dis tribution of cars to certain people, ®hose acreage is contracted and {n A large measuré control the potato trade in a certain area of the Monte Vista district. | Sth. That your petitioners rep resent a4 lnrgo' amount of invested capital for the purchase of potatoes in the said district, and that they are able to distribute the said crop in a large area extending over many PSY S PRIPTETeTe o. I s Eee e A ol 940000 0000000000000000000000000000000000000000000000000000000000000 ? ° ? ¢ » » ~— OF Women’s and Misses’ New Coats, Suits, Dresses and Skirts—= Our reputation for quality, variety and value justified by this showing of e e o T T AES . . . § authentic fashions for Women and Misses. { L i The Palmer Coats and Suits you will find that these coats and suits conform closely to the edicts of the seasons, and at the same time the styles are exclusive. ' You will not find them duplicated in this neighborhood. ‘ : Y e The last argument in favor of these garments but at the same time one that o i ) . . will appeal to you with great force is the price. A price that was impossible last - ) year. Now you can buy a much better garment for the same money or as good a ; . garment as last year for much less money. ) . ; S ST I R - 3 —_ : ® Coat Materials Dresses, the Shenerman Make In distinctive styles in Satins and othe ft Silks, Wool Boliva, Ulua, Velour, Polo Mixture, Suedine, Normandie, Y oLher. 80 y» Wool, Cloths and Plushes. The distinctive straight model, plain tail- "l;;if;;l‘inehl;;flrfi‘l'(l"r\:i(;la.";sleggelae::d .‘;::fi.:d ":l.unllg gune ored, some with fur collars, other Coats and Suits are braided Prices as low as $lO.OO up to $47.50—Y0u should see these and embroidered. The length range from 86 inches to full dresses to realize the values they are at the prices. length. Coat prices range from $12.00 for all wool heavy cloth Girls Serge Dresses, ages 6to 14, straight line and middy to $156.00, $lB.OO, $20.00 up to $90.00. Plush prices range styles. Prices range from $6.00 to $lO.OO. from $25.00, $30.00, $35.00, $40.00, up to $lOB.OO. ° ~ Skirts Suits S DO, s b Sy, s s Or years. This seasons cloths are Duwet, Delaine, Velour, Suedtex, fall skirts. They are {he new ‘\’f‘:l:ur modn:I: in tl?ohl'.:’: :.n: Tricoline, Serges. Colors are blue, brown, Reindeer and Mix- small plaids, as well as the narrow and wide pluu' fashion tures. Plain tailored, some have choker collars of plush. Some ;:’e'::fifim fi‘:.":‘.?ii"'.‘.’:a"'vé';.,':'.':.‘-; l:f::'i. :l::k;‘nnd z:ln blues models are braided. Suit prices range from $20.00, $25.00, of g wa Prices i plain and pleated blue range from $5.00 .00. £3OOO, $35.00, $40.00, $50.00 up to $90.00. of Dlaids range from $7.00, §5.00. §1%.00 s g{g& Prices MONTE VISTA JOURNAL AND GRAPHIC-REPORTER | states, which is' not possible to any ;one firm or selling agent and that -| without discrimination they ‘should I receive just recogmition in the dll-l »!ol commodities according to their! | tribution of cars for the shipment| | needs. | 9th. That the plan of dllttlbu-! | tion as put in practice by Mr. Gra | ham, the car distributor of The ’Denvar & Rio Grande Railroad com | pany, at the moving of the last lndl preceeding shipping season, ln| | which distribution was intelligently | made to dealers and growers alike, | was eminently satisfactory and pro-| ductive of the best results. | | These objections are runctlull). “übmmed to your honorable bodyl by the dealers vitally interested Inl the purchase of this crop, and we trust that each and every objection will be carefully consiMered by your honorable body and that the propos -led plan of distribution will not be entered upon or ordered by you, un | less it shall be found to be condu cive to the free and un-restricted movement of trade and in the best! interest of all growers and dealers! alike. ] : SIGNED: | | W. C. Sanford & Co. | | C. C. Clemons Produce Co. | | The Boyle Company. | The Welss Mercantile Co. | Rio Grande Produce Co. l | E. C. Graves & Co. Gibson Produce Co. I Weyl-Zuckerman & Co. { Rhode Company. | J. C. Anderson. | Milo E. Wilson. Freeman Supply Co. | | L. R. Sims. ; | F. M. Hopper-J. | H. C. Brenizer. l The Z. J. Fort Produce Co. { Evans Produce Co., Del Norte, | Monte Vista Produce Co., C. E. | Barber. M. Purity & Sons-O. L. A. l | R. P. Anderson ‘ | R e SRR | Contract - l POTATO MARKET AGREEMENT Y KNOW ALL MEN BY THESE PRESENTS: | 1. That is hereby covenanted and agreed by and between The Monte ! Vista Farmers Co-Operative l'l’n-I duce company, hereinafter referred | to as the Selling Agency, and. .| of County, Colorado, hereinafter designated ag the Grow-. er, as follows: | 2. WHEREAS, The Selling, Ageney I 8 a co-operative farmaers association duly organized and exist-| ing under and by virtue of the laws | of the State of Colorado, of which sald association the Grower is a member and whereas the pargle: | r' heseto are mutually desirous of ac || complishing the marketing of all || potatoes raised by the members of 1 the said association, through the « same as an exclusive selling agency | 3. NOW THEREFORE, In con sideration of the services to be per .l formed by the Selling Agency and .| the mutual promises hereinafter | specified, the Grower hereby agrees .| to market exclusively through said ||Samng Agency all the potatoes rais ‘iod'by him during the three year | period beginning with the tirst day |of June, 1921, and ending the 31st | day of May, 1924; and to that end lhereby designates and constitutes ‘uld 8¢ .ng Agency his sole and ex ‘lclullve marketing agent, without |povler of revocation, during said | three year period. _ 4. The Grower further promises and agrees to grude his potatoes | tor market in accordance with the . 8. Government grades, as de termined by the Selling Agents In spectors; provided, that the Grow | er shall at all times have the right | to elect which grade he wishes to conform to. And the Grower fur ’ther promises and agrees 10 sack ‘nll potatoes in new, branded bags Ito be furnished by the Selling lAxency in manner and form herein- Ilf!er specified; provided that the Grower shall have the right to use | all the bags he now has on hands, Iwhlch are estimated to be.......... in number. 6. The Grower hereby agrees that the Selling Agency shall have charge of and general supervision | over the distribution of all cars used | in the handling of its business, | whether the same be by the car lrler assigned directly to the Sell llng Agency or to the Grower; pro | vided, that the Selling Agency shall distribute all cars equitably among its several grower patrons upon the | crop quantity basis, expressed in | termg of acres or tonnage; and pro lvlded further, that the Grower shall , have the right to withold his pota toes from market at his discretion. | 6. On or before the 10th day of June in each year the Grower shall ‘rflport to the Selling Agency the « number of acres of potatoes he s growing, the variety, and the rail | rond station at which he wishes his cars set for loading. ' 7. The Selling Agency hereby }prumhwl and agrees to provide and | maintain at its expense a suitable | adequate organization and facilities for efficiently inspecting, weighing {and marketing the Growers pota | toes, all of which it agrees to buy f o b cars at loading station and pay for in cash at the regular mar | ket price established by it for the day upon which the car lis ready for | billing. And In further considera | tlon of the Grower having hereby | constituted the Selling Agency his r!‘lfilllll'fl marketing agent, and in | order that the Grower may be pro | tected in the full enjoyment of thes | Selling Agency's marketing service, | it is hereby covenanted and agreed | that the Selling Agency shall at all | times give preference to {its con | tract growers in filling its orders ,and shall only handle tonnage from inon-cnnlrlcl growers when contract | tonnage is not available. ' | 8 Any demurrage or delay charge occuring against a car by reuson of the Growers failure to load the same within the time Iprescrlbed by the carrier’s rules and regulations shall be paid by the | Grower. ‘ | 9. It is further mutually cove | nanted and agreed by and between the parties hereto, that if the grow ‘ er shall at any time find a market | outside the San Luis Valley for .hll] | potatoeg in carlots, which m-rketl | he desires to supply, he may do so ' upon condition that the cars be blll-‘ { ed through the Selling Agency lndi the sum of SIO.OO per car paid to “uld Selling Agency. ; 10. The Selling Agency agrees | to carry in stock a sufficient quan [ tity of new bags, printed with its { brand and trade mark and to sell lthe sanre to the Grower at a fair and reasonable price, which shall inever be more than the price paid the Selling Agency by other Grow 'ers who have placed their orderg at | that sgame time as his, and upon the following terms, to-wit: If the !urownr shall arrange to place his ;urd(-r for bags so as to accept de j livery thereof direct from the car | promptly upon arrival of the same. | and shall thereupon pay cash in fiAl he shall be given a p..ve one-fourth ' (1-4) cent below the cash price for :dell\'nry from the Selling Agency's . warehouse. If the Grower does not ' wish to pay cash for his bags, he | may receive the same on account at a price one-fourth (1-4) cent above ' the cash price for delivery from warehouse, settlement tp be made by applying on tlge account one half the proceeds of each lot of - potatoes delivered by the Grower until the same is paid in full. E 11. It is further mutually cove 'nnnwd and agreed by and between the parties hereto that if the Grow er sells, contractg or in any manner - markets his potatoes or any part thereof, except thru the Selling Agency in accordance with the terms . of this contract, he shall immed- Liately ‘pay the Selling Agency twenty-five (25) cents per cwt. for all sald potatoes so otherwise dis posed of as and for liquidated damages, in compensation for such breach of this contract; provided, that this agreement shall not bar sales of potatoes to the Falk Ameri- ;TURDAY, SEPTEMBER 324, 1931 | en Potago Flour Co., made in good :‘ftlth solely for the purpose of being ‘manufactured into potato flour nor ' for sales of seed potatoes for plant 'ing in the San Luis Valley; prd vided, further, that it the Grower lsh-ll at any time tender for market 'a car of potatoes which the Selling lA:ency is not able to accept to | take or market, then the Growkr |uhall immediately thereupon stand released from the terms of this cou tract as to the marketing of sala car of potatoes and may sell and dispose of the same to whomsoeve: and in whatever manner he may sce fit; but such circumstances shall, not relieve the Grower from tén ’derln( the remainder of his ecrop for market under the terms of this cof tract. ' 12. It is hereby further covenam. 'ed and agreed by and between the lmrtlen hereto that if at any time 'during the term of this contract three-quarters (3-4) or more of all growers holding like contractg shak, in meeting duly assembled, and by the affrimative vote of Growers rep resenting 60 per cent or more nf the entire contract acreage, declare in favor of cancelling and annuj ing such marketing contracts, then and in that event this contract shzl| stand discharged and annulled. * Signed, sealed and delivered =t e e e NAy O e et ety D e iee SR AR - Sure cure for cracked lips. The new Lip Salve at Fullers, 5 REMOVED > Zinser Auto Repair Shop has r‘e-‘ moved to the building formerly oc cupied by the Cash Auto Repeadr Shop on South Adams street, where they will have more room to ugo care of their growing business. Harold Schall of Boulder accom panied Marion Zinser to Monte Vista Friday and expects to spent the winter here. —e As a result of a rash bet, Joith Hannegan s stuck for the price ot a new hat, Irv. Gilbreath being tke lucky man to get the lid. John thought wool would go to 25¢ but Irv. had a cinch bet altho he woult rather have had Hannegan win. ———— ——— » Frank C. Spencer left last Sun day night for Olivet, Mich., whege he will teach in the science depart ment of Olivet college. He as ac ment of Olibut college. Hq was a¥- companied by his son Loy who will enler college. > —— The new salve for cracked lips A absolutely guaranteed at Fullers. |