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. |