New-State Tribune. (Oklahoma City, Okla.), Vol. 17, No. 27, Ed. 1 Thursday, June 1, 1911 Page: 2 of 16
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Kfw-State Tribune, Thursday, June i, ion.
Page I wo
not know on what basis they were pre-
pared.
J. It. Koontss, general freight agent
of the Atchison, Topeka & Santa 1' e,
testified that general conditions sur
rounnding the railroad husines in Okla-
homa at the present time were noi
advantageous, and that a reduction
in any degree of the rates on grain
was not justified, and should not be
ordered.
The next witness was James Pea-
body, statistician of the AtchiBon,
Topeka & Santa Fe, who as an ex-
port on railway liscal propositions
declared that-no rates for intra state
business as a whole in any state where
his company operates were renumera-
tive.
Peabody Testifies
The feature of the hearing was the
cross examination of Mr. Peabody.
It began on Friday morning, being
conducted by Attorney General West
and continued through Friday and
Saturday, and was resumed 011 '1 ues-
day of this week, taking that entire
day. Mr. Peabody was interrogated
critically by the attorney general on
the revenue theory for determining
the cost of state business. This is
the theory upon which the railroads
have succeeded In having state rates
set aside in Oklahoma, Arkansas and
Missouri. It assumes that there is
an extra or additional cost in handling
intrastate business in freight above
the cost of handling interstate busi-
ness, and Mr. Peabody states that this
extra cost is from 5o per cent to 3o0
per cent in Oklahoma. In other words,
it costs from 50 to 350 per cent more
to ship a car of freight from one point
in Oklahoma to another point in Okla-
homa than it would to ship the same
consignment the same distance even
though the latter shipment were to be
handled in the same train as the lor-
mer, provided the latter shipment
should cross a state boundary.
The state commission and the at-
torney general are convinced that this
theory is a fallacy, and the critical
cross examination to which Mr. l'ea-
body was subjected was for the pur-
pose of breaking down this theory.
The witness testified that he had ha
39 years experience in railway statis-
tical matters, and that this theory
is the result of his study and conclu-
sions based on such experience. Ha
does not claim ft) be the father of the
theory, but testified that he had -t
■worked out in his own mind, and -was
applying it in his own work before it
had been advanced in connection Willi
any rate litigation. The cross exami-
nation covered a very wide range in
-which there were frequent clashes ol
counsel, and the record contains many
objections by Attorneys Cottingham
and Bledsoe to the line of cross exanu-
antion pursued by the attorney gen-
eral.
Heap Technical Talk
Mr. Peabody i* a physical embodi-
ment of technical expressions. He re-
peatedly declared his inability to
answer questions where the meaning
of the attorney general was absolute-
ly clear, it developing upon the analy-
sis of the question that the attorney
• geueral had saij "a" where the witfiess
thought a proper phrasing of the ques-
tion would have called for "the or
some other hair, splitting distinction
between words.* Any question capa-
ble of misconstruction was miscon-
strued. Every avenue of evasion was
traveled until worn into a hard beaten
path, and where there was no escape
from the conclusion to which the attor-
ney general's examination led, the wit-
ness did not hesitate to declare that
he had no*knowledge on the subject
or was unable to remember.
Those who followed the trial
closely, however, are of the opinion
that the cross examination materially
weaked the position of the raillroads
in so far they are depending upon the
continued acceptance by the court of
this revenue theory of determining
cost of service. The railroad expert
always succeeded in retreating from a
bad position, but frequently in con-
siderable disquietude, and the commis-
sion is confident that a careful review
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IMPORTANT IF TRUE.
{Continued from Page 1.)
K rr^HEHins sinvxx
natura ly be tx|HGlioma (,-ty cane(i on the governor and asked
f« hnlcal defects were found in the act of the people the leg-
with a capuoi 5 f ,he state was surrendered or
SrSrSSH
through. Oklahoman, because one of your.Pjans
that woul<f have been satisfactory tc, .J. J ate, Jailed djd that
release you from your P'j^ge hardly. Hut the Oklahoman
KSURSl SS'l'nto ex t elided detail. T h eat to rne y s fees were
due last January and they have not b p ^ ^ feeg
delay? Just remember that thegreater pa a city commit-
were due to the attorneys se worked faithfully and well
tee and those attorneys had not only worked tanniu yf
but had paid perhaps a thous. their fees and expenses,
money out of their own I'0 ,, ,he attorney fees, was included in
which i«tflVh1naa\erthe request of our Oklahoma City committee,
the general bill at tne r 1 raise the expenses all in
who stated that it would that QUr city committee created
penses of removing the state T-muarv and has not been
City- Tl-t expenise was ™^ Iot for tern-
porary6capital building^had o^lfth-
bills for the Santa Fe Rail^ fee9 that
rie to Oklahoma City than it had to do besides the fact that
the Oklahoma City h f„te lot considered and
Hie proposition to use the sc: led out certainly did not
rel ease°Oklahoma Cit y from life obligation to look elsewhere and
find other free te™porarJ °"l£e f the state of Oklahoma
We re satisfied hat the people 01^1 ^ ^ ^ ^ Wuf
want to continue to thin vPPnine its obligations when every
fer to swear that our city is keeping its ooiigaiu ^ ^ ^ wjn
man, woman and child in t ®able repUtati0n and we had all of
never build for our city an ' ,„n of keeping our promises
us a good deal better devise plan °f *eepi 15 t<} blQW
:&?r" « ™-
P S.
T.r.Hr.0 in' tlie Daily Oklahoman two days
Dear Reader we notice in tM ua 7 Muf.h obliged for
later than one-half of the ^ demands. Now let us get busy
prompt attention to the have not been paid and reimburse
and pay the attorney-fee tha have noJee attorneys'
the state the three thouBanci. four h,una £ and also ay
fees that it advanced to the lawyers in ^ othpr
the freight bill for removing to Ok lanoma L^y^ ^ ,)ons, t0.
obligations that .u^caDUoi b^ildink a success and everybody will
pether to ma*e ^^^lahoma City will not be ashamed to look
be happy and we or Oklatoma y ^ ^ (he).e W|U b
thfe taxpayers of the state v()t(, on the capital question
demands from ft°rbe ular wlietlier the Oklahoman
and tbe Tribune will I °t1® P „raph of its above article or not.
ever explains the last ^ ^ean u8 or, if that assumption
u1ncorrect8Sw™eshall then assume that their statement would not
have much weight even if they did mean it.
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Afflicted for Months —Burned and
Itched —Used Cuticura and He
was Cured in Three Weeks—
Not Even a Scar Left.
of his testimony by the higher courts
will make a much less favorable im-
pression than has been made in former
cases.
Consulted With Judges
Testimony almost startling in its na-
ture was put into the record 011 Tues-
day morning when Mr. Peabody admit-
ted in answer to specific inquiries,
that he had been consulted, other
than in his capacity as a witness, by
United States Judge McPherson in
connection with the Missouri rate
case, and by United States Judge
Hook in connection with the Oklaho-
ma case. Peabody admitted that he
bad been in conference with Judge
McPherson for four or five days be-
tween the hearing in the Missouri
case and the granting of tlie injunction
and that he had discussed the evi-
dence in the case with the court and
answered inquiries as to its character
and meaning. He said that three
other experts also were called into
conference by Judge McPherson, two
of whom were experts for the state.
He said that he held similar confer-
ences with Judge Hook in the Okla-
homa case, taking ftp the greater part
of two days, and that the state of Ok-
lahoma was not represented in such
conferences, although the services of
the Oklahoma experts were tendered
to Judge Hook.
Just before the cross examination
of Mr. Peabody ended on Tuesday, At
forney General West outlined in min
ute detail a line of information that
he demanded of the Santa Fe Com-J
pany, which suggests a basis for divi-!
| sion of expenses and earnings as be- j
tween intra-state and interstate busi-
I ness that the state contends would ef-
fectually do away with the revenue J
basis, which has been the subject of]
"As a crate'"1 mother. I feel it my duty
to thank you for the cure of my little soil
who was afflicted for
about eight months with
Bores all over his head,
banc of his neck and
nearly all his face. We
tried all kinds of remedi's
without any relief. We
even employed a poorl
: physician and 1 am sure
lie tried his very best to
cure my poor suffering
little boy. But, alasl
instead of getting better
. . he went for the worst*.
His head wps literally covered with scabs
and ugly sores and his cries kept us awake
throughout the long night. 1 had to keep Ins
bands in gloves to prevent his scratching tus
head, as he was doubtless suffering from a
burning and itching sensation, and was con-
stantly trying to put his hands where it hurt.
"At last when he was al)ont three years
old we saw an advertisement of Cuticura and
I decided to trv the virtues of the Cuticura
Remedies. I bought one cake of rnticiini
Soap, a box of Cuticura Ointment and a bottle
of Cuticura Resolvent. I used them according
to directions and I am happy to tell you the
little sufferer was cured in less than three
weeks. This was over a year ago and now
his head is covered with a fine growth of
luxuriant hair. Strange to say, all those
unsightly sores did not even leave a scar
Mrs. G. O. Couvillon, Plaucheville. La.. H-b-
ruary 26,1010."
The suffering which Cuticura Soap and
Cuticura Ointment have alleviated among
skin-tortured, disfigured infants, children an"
adults have led to their adoption in countless
homes as the purest, sweetest and most eco-
nomical treatment for eczemas, and other
itching, burning humors of the skin and scalp.
A single set is often sufficient.
Cuticura Remedies are sold throughout the civil-
ized world. Potter Drug & Chem Corp.. Sole Props..
Boston ay Mailed free. 32-pare Cuticura Book,
•'llow to Care tor and Treat the SMn and Scalp "
such bitter controversy. The attorney
general demanded that specific figures
be made up from the original way-bill
for all business showing exactly what
revenues have accrued from state bus-
iness and from the state proportion of
interstate and. trans-state business,
and that all state revenues be credited
to the state of Okahoma. He demand-
ed that expenses be charged to the
state wherein they are incurred, and
that the state of Oklahoma be not
charged with the maintenance of ter-
minals that are in Texas or Kansas, or
that maintenance expenses or general
expenses of the road, no part of which
is definitely and clearly chargeable to
the state of Oklahoma. He demanded
that in the report as to earnings from
the handling of express ,the railroads
should credit to the state of Oklahoma
not only such amount of money as is
actually received by the road for hand-
ling express business, which amount
Mr. Peabody declared in his testimony
to be too small, but such amount as
the railroad believes it should receive
for such service. This demand rests
upon the fact that what the railroad
receives from the express company is
a matter of contract and not a matter
of commission regulation state or in-
terstate, the attorney general insist-
ing that the peope of Okahoma shall
not be charged with a loss voluntarily
incurred by the railroad company.
Mr. Peabody said he could not fur-
nish such a statement, and upon being
asked for the reason, admitted that it
could be made up, but that he did not
believe the railroad company would
feel like standing for the expense.
Important Feature.
This feature of the case is most im-
portant, as it suggests a basis for di-
vision of revenues and expenses that
the state insists is more fair than the
revenue basis. Heretofore, the rail-
roads have urged consideration of the
EPILEPSY
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4 Cedar St.. Sew York
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Haskell, Charles N. New-State Tribune. (Oklahoma City, Okla.), Vol. 17, No. 27, Ed. 1 Thursday, June 1, 1911, newspaper, June 1, 1911; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc97574/m1/2/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.