Show T tRAfFIC BUREAU FINISHES BRIEF Document Drawn by Judge Dey And Manager Babcock Babcocki i Distributed POINTS OUT DISCRIMINATIONS f Assert Arc re Unjust t and Water Iler Competition Serves Interest Of Railroads Ul Copies of O the reply rep brief carefully prepared bytho b tho Salt Lake Commercial club traffic bureau and now filed with the Interstate commerce commission alleged ex excessive excessive relief relict from In the suit for Cor distributed distributed freight tolls are being bC the club and local ed to members of or I shippers and Manager ManagerS Judge Charles C Dey DC brier brief the tho reply S H BabCOck Mew drew up epitome and which Is 15 a n valuable the thel the petition synopsis of ot the tho suit Is b l title of ot The O railroads s l Club Traffic Bureau DUlaU of or Commercial against Utah complainant Salt Lake Santa Fe Fo Ball Ralf Ballway Ballway Topeka Atchison on et Ct al at defendants way company com pan Docket No 2662 brief begins All other ques tiona The Tho apart we first cm neatly Insist t the tho evidence properly to be con considered considered that In this case clearly arh establishes commission should so and anti that the tho find as sis ultimate facts complained of oC arc are 1 l That tho rates and unreasonable under I see sec 1 taking unjust Into consideration raU n the public in interests Interests interests of ot as s well as the tho interests Inter the carriers 2 That the Th preference in favor fa VOl of ofSan ofSan San Ean Fral O Id IS Il undue and tho the dis discrimination discrimination crimination against Utah common points Is unjust under tinder s s c 3 In rela icia relation relation tion to the tile schedule of rates principal principally ly l complained between Chicago Mississippi river and Missouri river rate territories and Utah common points In both directions Various decisions decision of oZ the supreme court are ere cited which involve nolo the con construction construction Construction of or the provisions of oC the act tr to commerce CLEARLY UNJUST It is replied r that separate and In Independent Independent independent dependent of or any an relation to San 1 I ran ian cisco rates tho the rates rate we complain of or orate are ate both relatively and anti per bo so clearly unjust and unreasonable for tOl the extent and reasonable value of or the performed The Thu defense that thal water competition forces a lower rate to coast points Is refuted and In the showing sh of railroad earnings It is said sard The Tho Southern Pacific company for its entire system of miles in including eluding the Central Pacific received an anavera average avera e amount of pet per ton and tho tile Union UnIor Pacific system an average amount of per ton for tor each ton tonof tonof tonof of revenue freight respectively trans trims transported transported ported by b them during durin the tile fiscal year yeat ending June junc 30 1908 These excessive revenues per ton were neither equalled nor nOlO approached upon any an other im important no railroad In the country In that period with the single exception of or orthe the Atchison Topeka Santa Fe which was wa also largely largel engaged en aed in transcontinental traffic The net ilet earn carn earnings logs Ins of the entire Southern Pacific system fist for tho the fiscal year ear ending June Juno 30 20 1309 1909 were much great greater er or than for the tile previous year while willie the operating ratio fell tell from to per Del cent WATER VAlER COMPETITION The Tho growth and commercial Importance Importance Importance tance of San Francisco Francl eo rests wholly upon Its sea location It is likely fully desired by the rail carriers purely pure as us asan usan an nn advantageous u commercial proposition proposition proposition tion that some borne degree of water compe competition competition should remain but particularly in a largely largel controlled form as apparently apparently apparently at present Tile The alleged clement of 01 water competition has many nany man years faithfully served the Interests of the rail carriers in securing for tho the latter the long Ion and nod most profitable haul of ot the tho traffic The promotion of the tho com corn commercial commercial mercial prosperity and growth roth of ot the cities of or the tho Pacific coast and the tue con continuance continuance continuance of if the expressive and dis discriminative discriminative criminative methods of ot rate making for foi forthe the intermediate interior country with its added revenues an arbitrary system tem toni applying in both directions vir virtually restricted to this Intermountain region re lon since its Us application would not be bo tolerated by b Omaha St Louis TAU Is Chi Chicago Chicago Chicago cago or 01 any ally all other of the vastly vas 11 more mor powerful communities anywhere in the whole country or east cast of tho the Missouri river Salt Lake City was perhaps tho the pio plo pioneer pioneer neer of or all settlements and certainly of all nil cities in the tho entire vast ast va t region relon of or this country west of the tho Missouri river including the Pacific coast Its loca tion was adopted by b reason of Its being the most central as well as al the tho most promising of the whole interior Some 20 years after its Us settlement and when It was a prosperous city eU the inal Pacific railroads were vero constructed through tho the district alo alco because of or Its being on the tho mos most t central and best route between the tile Missouri river and California As tho city with its imme adjacent territory was the primary primary mary baring point of oC the drawing of or civilization and settlement in the 10 re region glen glon with its It continued and great grow growth til fulfilling Its ItH early earl promises so 51 should it fittingly be also the tho tion point of or rates applicable upon mod modern modern modem ern em forms of or transportation therein and under no rule ruic of or simple equity or justice be he denied wholly or in h part any an consideration In that respect whatever because be aus pf Pr any an claim or ar or arguments arguments relating to other communities or cities of more recent origin The Tho latter should be considered eon and fand treated wholly upon their own merits under their respective cases ns as n ma reg regularly regularly arise REAL SUFFERERS nERS tho the summary it Is held that The people p of o Utah are the tho real suf sut torms crais from flom unreasonable freight rates since It Is 15 they who ultimately stand their payment together with a percent percentage percentage age of profit thereon added by b the mer merchants merchants chants with whom they deal The earnings of the tho roads named are arc very vel great and for fOl most of oC them ex cx excessive as has been shown with the tile possible exception of or tho the San Pedro Los Log Angeles SnIt Salt Lake whoso whose earn logs ings are good when tho the restrictive fn tn as to tho expansion of Its lines linos and its reaching out for additional traffic lie fic mainly consequent to its half hair ownership by b competitive interests are arc considered No rates are asked d for which aro arc not believed to be reasonable re and just nor which will not yield a proper mar margin margin margin gin of or profit to all the carriers con concerned concerned I corned All AlI 11 indications point to a more rapid and greater growth in tho the development of all the tho material resources of oC Utah 1 mont m t together t i with i the the establishment i t tand and and application of just and reasonable rates of transportation will bring In Increased Increased creased revenues to all the tile carriers and it is confidently hoped and expected that such a fair Carr decision may be bo reached leached in this case as al will wili be both abundantly satisfactory and exceeding ly I profitable In lu results to all Interests |