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THE ALBUQUERQUE, EVENING HERALD
STATE IS DIVIDED 25 Per Cent Freight Boost in South; 35 Per Cent in North How 'Spy Acf Works in 1920 UiimMiimtmmiimmmtimuiitmmmmimwMumiiummHimiiiim On UR OM Bunt, Ml M . itB.wea. nwn . OUR BIG MONDAY, ATTQUSt 9, 1920 J 1 tt 1 -j i fiAMTA FfS. Aug. a.-Th railroads In New Mexico want to put th In crease granted by th Interstate oom uteres commission In freight nd passenger rate Into effect toy Aurun IS, the coiporation commission ha been advised by capt. W. t llld, at torney for the railroad. The cor poration commission wwi anked to decide th railroads' application for Increases in intrastate rat fa, corres pond hig to the Increases Already urn n ted In Intrastate rates, corres ponding' to the Increase already granted In Interstate rates toy that lime. Nw Mexico didn't fare an well In the Interstate Commerce: Convmli ion's decision rmntlog freight rut Increase, as It wuh believed at flr-nt. Th first official copy of the decision, received toy the corporation commis sion today, shows that the greater part of the a ute Ilea In the territory ruined 3ft percent " The 'Drat Inference from prene dla putchea wus that practk'aiiy all of the state;' excepting puutia on tne Colorado at HuuLhein, wus In the, Mountatn I'acirto group. The Increase (or this group la tU percent, the smallest In crease In freight rate grunted by the Interstate commerce commission. The official copy of the decision, however, ahowa that the greater part of the mate Ilea In the Western group. The Increase for in la group la a& percent. The dividing line between the two group passes through the atate. The ueclaion describes It us follow: "Fol lowing the line of the A. T tt. K. lull way through Jtaion and lata Vegas to Albuo.uern.ue, then aouth along the line of the A. T. H. K. to Hi 1'uno." All pulnta euat of thla line are subject to 15 percent Increuse; those to the went subject to 25 percent Increase. These Increases apply to Interstate traffic, hut the rullroada have already niude application to the slat commis sion for the-granting of lilentloal in crease In Intranstate truffle and the commission hna announced thai their apajk-ailrt will ) heard.on August 17. Hhippers and other Interested In the application have been naked to be prmitt on that date. They will have an opportunity to protein against the Increases then H thoy wlah to. Acorns on National , Forest Are Possible Source of Revenue Attentlr.t hen toeen called rt the d'strtct fniestry office by the super visor on the Coraitada national forest In Arlsona to the be I lata s or arron from e:ui tree tie n pna-db.e anurce or f -venue for mis mairict, According to ihla report, there hae been more cum ping parties on tne i on.nadu forests thin year thnn ever before, coming anarently for the sol pu rpose of gat nering t heae acorn. An estimate no fed the amount gain fled o fur nt iloo.ono puuml. These aroma retail In 'Nagiile at 20 centa u pound. The p. mount gntneren an fur la out a s. nn.il ourt of thla year" a crop and It la pointed nut tliut thla won hi prmmoiy amount tu ronuiaer able In revenue If taken In hund toy i he forestry aervlre. Id eApHhe Indians and iven use thee arons ns a It la so other notlv i 1 1 ll fur t Imif n f Anrn tiii.nl That In Ptor eennons, when other Former finding, ht I. P. C 803, crops fall It la looked upon s the I hut unloading; and loading of llve suiff of lire In aonw communities. Mock, In cunpfids. at the Chicago The principal ohjertlnn to the com- ' t'K-kvai da Is a duly of the slil:per, merclHllsIng of thla produot Is the ! reversed. Is an lrrgulnr Ihlng. and although there Is cron each year. It vitrlea i coiiHlderuJily ft- io locailon and for I this reueon might prove dlfncult to handle on an econnmlt-ul basin. Vuliiohie phosphate denoalta havi been dlacovered in Morocco. LimIImI Athr Dotal Ms 1 (il.ilt'MIJ Sr. tIIU ! Mr A ltd 4.1 at luuHlAV haMoD itriAM il.l..f, am irrakMirmiiBMt.SL(Mt.AITHr:'t1 1 SOLO BV DUGa&TS EVUtmrflitE You ill la front or phonograph Num ber One. It pkiyi . s record. You listen critically., When It hai fin ished. Uis Tru Table rvole. Pbonograph Num ber Two feces you snd plsyitlieasins record. Hear them together to tell them apart There r clean-cut tliflercm-e lrtrn tlie pbonuritilu. No two plnv the .ania reoord alike, uor reproduv tlx Mine (wrformance alike! You can't tell much about theea difference from what vou hear In tore denionitrationt. visiting in Itoinet, tc But bear the varioui phonograph! in the diion Turn-Table Compar iun and luddeuly each difference ilandi out cleao-cut. dintinct. The Edieon Turn-Table plara the eaine arli.t'f performance on each phonograph from the tame position in the room. It inakel mere clainil of tuperior tonal quality, (idelitr, realiini, gira way to the wtual fact. Your ear initantly clatnitiei toe various phonographs, according to their respective merits. You know which one you want in your home. ' .. ' EDISON TURN-TABLE Compariten . (illmnt 0lf m AfauO Tha EilUoq Tura-Tabl Conipsrlsoa U conducUd apart Irous lb ! eoii of our easiness. It is servic fur sll musk' Wren, whether titer con to buy ar not. Com In whenever ou bar 1 tuinulM to spar, but kindly ask for tU Kilisoa lurn-'I'sbl Ownarlsoa, SHK- It ts fflvu -only wpoa drnnlt re- llMSt. r. '. - . EDISON TURN-TABLE Comparison Ask to ROSENWALD An ftotual lotUr, returned WASHINGTON. Aug. .Acting ender the eKplotmge paied na atrlctly war-tlm, measure, the Roatofrice department U mill wlth oldlng Jettere nd other mall art dretwd io individunla nr concrna agalnat whom the "dleloynlty pro 1lona of the act were Invoked dur ing the war. ThUt provision directed the depart ttwnt to refuMe the ue of the mulla to pmonn or ftuh'icatjAiui held guilty of MHkt4ln. writing or publlahlng dlatoyal utterance ot atatemeuiai oal culated to hamper American partici pation In the war, - Lew Htlll AppUnl Inasmuch ne we at, ofti-laMy, Juat aa much at war with Oramny aa before the armistice, no treaty of peace ever huvtny been agreed to hy the 1'inlted Hcatea, t department reenrniaee the eaplnnage act an mill In force and comlnuHi to app lis prrrvialona. Thla policy ta followed under the advice of Judare William 1L Lamar, departmental solicitor. He holds th dc4artmetit has no authority to lift the ban until peace la proclaimed or emigre repeals the acL Livestock Industry Wins in Important Hearing Before Interstate Commerce Body Text of Findings of Oommiuian Reverting1 Order Which Required Shipper! of Livestock to Pay Unloading Ohargei and Cancelling " Order Permitting Separate Charge for Loading and Unloading. New Mexico Aasooiation Made Vigorous Fight to Win Reversal. Text of the order of the Interatute i j. The amount of the loading nnd oininerce Ooinmlsslon, revemlng the uninndlug churgfa for livestock at the former order of the coinmlMiiou, re- i'liii-ugu atockyardt, quiring shippers of llveatock to puy 2 The umon.u of such charges, If loading and unloading charges and j ttl. Ihul hwuW Um lnjpwwd upon permitting carrier to make a sep- hl,(p(.rH ot ilvtock. or ahould arate churge for Juj ding and unload- fcbwirt),.d hy lne Uefe,,dunts. '" " ",n runru i inn mi- life of the .New ilvxho Cattle audi itorae irowers usaociution iters, inei western livestock organisations, made a vigorous fight sgslUHt the order which Was regarded as a serious In justice and a heavy-added expense to livestock grnwera, .with the rcault of a complete victory for the llve atock interest a. Following Is the ma terial portion of the Interstate Com of unlve'rsul Inuresi to southwestern 1 merce ;nmmlKsinn's order, which n stockmen: dilcagd'Llvestfrcli Exchange , ' v. , Atchison, Topeka A Hunta re Rail way Company, Director GencruL as Agent, et ul. bmlt.d Jnnuar 10 1J20. lidded July 15. 1P.Q from shipper fr unloading und load-! -"mi- i "IB Ins- llveatock In addition in the raui.11' un.oatl ng end loading charge on livestock to and from Chicago stockyard found to have been m un lawful and unreasonable practice, lie paiutlnn awarded. , ' a . '1. i y found to Uimloals of the Ho-iunj. way and the stockyard cotniHiny. Import of the com ni Inn on fur titer hearing Md'hoid, commission er: On 'petitions nf Interested parties thewe canes reported In 42 I. . C, were rsported fr further hear ing with reajieot to the following questions:-. . i i - When Number Two hat ftniihed, PnoooKrspb Nust ber Three hies you end plsjrt (he ssme record. The Turo-Tsbls ret olv es sga lo. Tba New Kdiavn iicea you and plsya Aha ssme record. . , . Sutitt to : Mtnntfitetimn mud itfriMBtiitwM ' Th T.lkim MacalM ea I tb last an kept by a in th. beat puasK bl euadUlva. Maaufacturvrs oi a nth Bwciilna. or tbetr rprautives. ar Inrlted Id Inspect tiieio, or rricuUvt Ikoat. or to subaMtnl other machines of 'th saaif tvah. ottiilr own ftolectiu. , . of squal t araater Iim, at ajr tiiu dariuf busHjsas hours. hear it , , ' . BROTHERS to the btnk thst mailed it. Victor Bergier Hit TerhafMi the most noted ordvr ws thw aguinet Victor llerger and hie newsparer. the Milwaukee leader. The eecond-uuei mall privilege was withdrawn from Die LeecW end all mail addressed to It or Its editor lie Id tip and returned to aender. Ponioffloe officio Is admit that Ber ger ami the Leader are a-hle to us the mails for sending letters ma free ly es thouirh no order was standing against titorn. rnees the let era car ry H-rgers or the lender's name on Lh enelope, as Indlcatinc their source, there Is no way to tell them f i-om any of the tltouMands of other Icttera dropped In MILwuukee mall boxes. Hut the postofflce does not Mop all letters addressed to Herger or his paper. Aihnlt Alien rd or as Also, although denied the second clas mall prlvlfc-tfe. the ieader still can make Ise of the third and fourth cIumi pontal facilities. It Is wild. Postal nuthoiitt admit the whole thing la aji absurdity, "Hut." they any. ''H'a tlus law." W iuiher the HUx kvarda sr tha terinltiula of the Chlcsgo Junction -miWfcy company, and, 4. Whether the tariff arrange ments between IK Union Htook Yard at 'i'ruriAH company and the other defenuaius with respect to delivery and handling of livestock at the stook yurds nte in compliance with the set. . Kurt her heuhng was had end a proposed report prepared by the ex aminer wus served on the part lea- Kswpilons were riled and the cusea hsra orul.y argued before us. This proceeding hrows out of the Increase on Aluy tl, lBlj, In the fjiurgeji ot the I nluu Htock Yards IraiiUt company, hereiimuer culled the siockuiU ontpuuy for unloading and loaning livestock at Chicago from it to i tents per cur to und 4. uents reaper lively. Tlie curriers traiifporting Jivesiock to and I rum lilcuao Jiud -ootne or absorbed the lonuvr charges, out relUHed to bear or aosorb the Increase In the charges, with the resuM that the stockyards company collected and retained such additional chatKcs from the snipper. Hu'Jseiiueiitly the stockyard company " maae .tit-m tha subject oi un op eiatlng arraiigemeitt bmwren itself and the carrrs, but upon protest the proposed cancellation was suspended. in our oris. nut report we round. among oiher things, that the loading ftI1(1 5tlUUlllI 0t Hveatock si the stockyards In 1ilcno Is the duty of the suipr, and that the slockyurde sre cue termlnula for the recelp't and de.Uery of lltcsux-k of the railroad utilising Uieiu. The uontroveriiiM - chi-rv retail k to thee two nndlnt. 1'hrre are other fiudlnia that are the Miibject of exoepiioiis and protest, whlth will he conaldered later. It la the roiiteutlon of the line-haul de lendunts that ths question of the duty of ltt shipper lo-perform load ing nnd unlosditiaf aervice Is not In volved In the ttU'-atlons with reapect to which the cipiea wre reopened Thin 4-oiiientlrin Is not tenable becaune ihe (ueatlon of whether the ahkpper or carriers are obligated to render the service Is Inextricably liound up with the -qoeNtion of whether the charges nuiy lawfully be Imposed on the shipper. , Jn so far ss the future Is considered this question. Is con cluded by the transportation act, U:ti. That act, amending section 11 ot the liiitrMHt.i commerce act, with (rutin exceptions nut here mulerlul, provides that - transportation wholly by railroad of ordinary livestock In curloud lota dea tilted t" or received at public stock -yards shall Include ull necessary ser vice of unloading and reloading en route, , delivery ut public stockyards of Inbound shipments Into suitable pens, and receipt and loading at auclt yards of outbound ehlpmeitts without extra charge therefor to the shipper, consignee or owner, HI nee the passage of thla Act the line-haul carriers huve provided for the absorption of Hie charges of 60 ceiits and 7fi cents for unloading snd loading Hi vest ock, respectively, pujb ! In lied by the stockyurd company. The facts In this case ure not In dis pute. Kor more thsn GO years car riers delivering livestock at the stock yards In C'hlcugo have loaded and un loaded livestock, snd made no charge therefor against the shipper. More than 4,000 curs of livestock are fre quently delivered at the .stockyards In iChlcago on alngle dny. It 1 manifest thnt If the oonalgnees or shippers undertook to unload their Inbound shipments, or to load out bound shipments, there would result such confusion and congestion at the stockyard es seriously to Interfere with orderly and prompt performance of the service. Counsel for the line hsull carriers conceded st the hearing that the shipper can not go to the SUi.-kyards and physically loud or un load his livestock; but their conten tion Is that he should do it financial ly. . Under t he regulations of the tockywrd company no ahlpper III permitted to perform the aervlre. even If be shuuld demand the right to do so. The line-haul rates to Chicago, plus a charge of C for terminal or switching service, have for years con stituted the through charge and In cluded the delivery of livestock to the consignee at the stockyarda For the reasons stated we sre nf the opinion thst our finding that It la the duty of ths shipper to load snd unload F T May BOADWAY 'Hveatock in the stockyards at t'blca-gof-wss error, and It is therefore re versed. 'And we' tyttw'flnd that it Ws the duty of the carriers to unload and loud the llveniock at that point. In uiltt-d i hi en v. t'nlon Htock Yard, lt2tt I. 8, 3H6, the Rtipime Court held thai the stockyard com IMiuy was tii connimn cairier. At the lime of thut declsluu t hero exltfed a lease Petw-en the stookysrd company and the i.ilciigo Junction railway, hereinafter culled the Junction com pany, which hud aiiout 3j yea is to ro.n, by the terms of which the stock yard oorniiuny arunted sll its ruKroud oroperiy to the Junction company and for which the latter paid two-thirds J Of lis profit. Hhurtly after that do minion thla leasn was tancelt-d and tlie pur ilea entered Into a new lease under ins terms 01 wnicn ine junction com- i pany was grunted. In perpetuity, ull j tjie properly covered 4y the former 'lease, for which It agreed to pay a rental of -StitlO.OW) per jenr. Tlie ; character of the service has remulned the same. The chance In the lease haft made no practical change In the sxfalus of the stuck yard company slpce the decision of the Supreme Oourt. We udhere to our rinding rviiiiis that the tuckyut-d coniMiiy is a coin uion carrier enguged In the Intei-Htate commerce. As the series of unload ing and loading are part of the t ru im port at tun of livestock the collection of rteparate charges from the shippers for unloading and loading in addition to the rates on livestock from und to Interstate points to and from the stockyards was un unlawful und un reasonable pructlre. . . considering the fart that .except undur certain conditions not material here, the services of unloading anil loading at fie stockyards are includ ed, In the transportation of livestock and no extra chars. can be made fur these services. It becomes uuueces sury to psss upon the Sv'asonub.eness uf the stiwrutcly established chargea of the stockyard com puny fur unloud Ing and loud lug livestock. .The appivhensloiis or the line-haul earners tout the Mtookyurd company nuiy 4imK uuy chui-ge it pleases, which Lhey wIN be required to puy, ure nut well mundud. Upon their uomplulnl or upon the complaint ot any party, we can examine any uf the charges that mass up the sum of the through charges, and may prescribe Just and i-eusuusble rates for all car riers concerned, either toy prescribing LhToug-h rates and (he division there of, or otherwise. s the facts may warrant. 'Die exumlner proposed that we find that the stockyards are the ter minals of the Junction company- This Inducement for that suggestion wus doubtless that the Junuuun company and the stockyard company together constitute a rulliosd company, sub ject to the act. as found by the 1 difprem) ourt. The llne-hsul car riers vigorously contend that the stockyards may not with propriety be held to be their terminals. They point to the fuct that their rates curry the livestock to connecting lines tn the Thicago' switching district, and that Um $t switching churge Is fur: Hie movement from their connection with the Junction company's rails to the pUit forms of the stockyard com pany. They also assert that they do not own. and so do not huve any control over, the platforms, chutes, pens of the stockyard company. "St audi tig alone tho sTockyards could j not be reudlly availed of by shippers. Were It not for the tracks of the Junc tion company delivery of cattle In car-! loads would not be possible. It re-1 quires the line-haul carriers, the Junc tion coro-paity, ana tne stockyard company to make the stockyards ef fective ugency of the In te restate com-i nierre. Coder this state of fuels we ate of opinion 4 find that the s tod k yards are In effect terminals of the Una-haul carrier, th Junction opens It Will Be a Lucky Day For You at Store Qne year ago on August the 1 3th, 1 91 9 Boad way. Bros, opened their Albu querque store. It has been a lucky year for us who have enjoyed your pa Ironage and good will. To reciprocate we are going to make this Friday the 1 3 th and the 1 3 days following lucky for you. i-uliipuiiy, nmt the eloukaril company. We further find that shlwiers who paid nnd bore charges for unloading 1,1 Ke. ..nlfi.HltiaT and loading llveniocit at ine etors yards In addition to tho rates to and from the stockyarda and who are parties of record herein hove been damaged in the amount of such charges and ore entitled repara tion, with Interest from the date of such puymeni. The exact amount of rennrutlon due each stunner enn not lie determined on this record, snd they nhould comply with rule V of the Hulea of Practice. Ity th Commission trtud) UK..HU1K n. McfllNTY Kcretnry . is. 1. What's Doing Around the State ClOVIH .W. T. Hlghtower. an em- ployie of. the Highway iiHtnige wua (.eriotisiy stairtted iy Lorenso rercs, u .Mexican Mnnor at .e Han to r freight house. Hlghtower's wound Is In his right sld". the knife entering the region nf the lung, tout Ik not conslflered fatal. VIM MOlVI-JH W. fl. Kerr has filed Niilt In the district court agnlnst J M. Htrntton for $1,000 and agulnst Jesse s- tvs'ea ar can ten Carnation Cnt.nt.i C, v a tee BROS. ''W'heeliT" for ''t&.OOO ' for "malicious I wnder. These ensea are tlie out- ftlWth Of I iwn luml'lM Al I ha. nra.anl taa.n. At district court fttrston obulned a Jdg- mem for a little over litMio sgalnsti ErL"7 personal altercation. ItOHWlRhLr 1, courtesy committee wns arranged for at th regular meet- Ing of the directors of the Chamber of -ommcrce. The rourter-y com mitter will visit the toruUfta camp ground jeach evening, welcome vlsiiois to the city, nnd es-ure them the ritv is glad to hnve them. One man will take an evening, the directors agree ing to start the work orr. and ex pert -ine other cltisens to help them out Inter. XAYTON Ollr. Hilton1 of the Ute Creek fill company. nnn K. Dealon. who hsve been In Hutchinson, Knns.. on business returned from thut point In an airplane. AUMOOORDO The Lincoln flap. f tlt association Is t bold Its ihlrty- 5 tnird annuu.i session with tne first: Mupiist cnurrh in Aiamogorun, Aug ' 21. X. The local chuich Is now mak-t , log plans for the entertainment of a large attendance of messengers and visitors. Kev. A. 'X. porter, of thlsl ' city. Is the associntlonat moderator! I und will 'preside over the hody during ' Its dWIherutlons. ow Carnation Milk is pure cows milk from America's dairy farms, evaporated to the consist ency of cream, then sterilized to keep it fresh. Use Carnation in your home for every milk purpose. Buy it from your grocer, the Carnation Milkman. Writ (or Free Rerlos Book Carnation M ilk Product. Co., t. O. Jtos tit, Tncsoa t 1 1 II il SI f i I i t i f i M ii u t l!m!illl!inmili"ltlil'tmi!Hli!tiiim:iiiiii(iii!ii. ' J Ili'U.limllUllJHHlllihllMIIIU-MilMlil.l,,.. 2 . SIKH MJLS'HHTh old reCllera' tiifl. 1 IOineS, la announced for the ftMft fiaturdsy In Arptembei. It la planned to make this the biggest old-home or the year with everybody picnio of the year with everybody bringing their dinners and enjoying the day to the full. Plans ar on foot to have the best apeakers In (he atuta grace the occasion with their presence ai d us it will come after tha demp crutlo state convention and poesUtly after the republican have held their convention It will be part of the Oo luslon to have the b'.geei kpeaki-rs poKnible fmm tooth s.des present. le nominee for governor wt.l be Invliod to spea4t on this occasion as well as other smaller lights. -l DW.U.r) At a meeting of the. city council the bid of . M Cotton fef the Issue of I100.00A wster works bonds was aocepted. Mr. Cotton made a bid of pur with accrued Inter est to date of delivery of the bond. There were no other mdders. It p.uiined to have the water works property, which Is being purcliascd at the agreed price of ItiX.ftuo, turned over slnmltsnvoualy with the delivery of the bonds, . , . FOIl HM.lScw V1 wHis starter. ( all at H right's Tradlutf M at onrt. i I dm SaSaitfMK.ta -9m mna untt4 I jU II cJD ILiiii 0 Q.