The Orchardist's Revolt: Wawawai Grower Accuses Yakima Commission Firm of Withholding $1,100

The following is a letter from a commercial orchardist of Wawawai, Wash., bringing grave charges against a well-known commission firm:

Spokane, Wash., Oct. 9, 1897.

Editor RANCH AND RANGE: Last May, as Thompson Kain advertised as raisers, buyers and shippers of fruits, I wrote them and made them an offer to sell my entire crop of merchantable fruits, packed and on board boat, to be picked, packed and put on board at time and in manner Messrs. Thompson Kain should direct or order, by an agent put on my place by said Thompson Kain. About July 1 Mr. A. R. Butt came on as agent for Thompson Kain, and did superintend the picking and packing. Our contract was in writing, to the effect that payments were to be made on each and every shipment within fifteen days of each shipment. Shipments were made from July 1 to September 22 every day or so, as fast as the fruit ripened. Payments were seldom if ever made on time. Mr. Butt and I settled our account on September 22. There was no difference between us. He reported to me on his return home that he had given Thompson Kain's bookkeeper our account. But at this time, when $1,100 was due me, and no money had come for nearly one month, I drew on Messrs. Thompson Kain. The draft was returned, stating there had been no settlement. I immediately went over to North Yakima and saw Thompson Kain. They refused to pay and said they had a lawyer I could talk to. They said my contract was a fraud, as I had misrepresented the rates of freight and had said the rate from Snake River was as low as from Walla Walla and Yakima to points in Montana. They say this is not true. I still believe if I made the statement it is true. If they paid more they paid more than I did last year, and that was all I went by. These people employ such stuff as an excuse for keeping me out of what is due. In God's name, if these men are honest, why did not they say last July or August, when they first found out the rate, that I had forfeited my contract by misstatements, and refuse to take any more fruit, instead of paying over $1,600 on such a contract, till there was no more fruit to be had, and then repudiate it? These are some of the frauds that are ruining the fruit industry. I am, yours truly, J. W. OFFIELD.

Upon referring the above to Thompson Kain we received the following reply:

Zillah, Wash., Oct. 18, 1897.

Editor RANCH AND RANGE: Answering your letter relative to the Offield affair, we beg to say there are two sides to the question, and we are perfectly willing to let the courts settle it, as it now looks as though we cannot come to any definite understanding about the matter.

We bought Mr. Offield's fruit upon the following representations: First, the freight rate was the same as Walla Walla and Yakima; second, that early and late Crawfords would predominate as peach varieties; third, that there was sufficient fruit on the ranch to enable us to make up car shipments; fourth, there was at least 1,000 boxes of pears; fifth, that the said Offield would furnish sufficient help to harvest the crop without delay. All the above provisions Mr. Offield has utterly disregarded. We will say, however, that the greatest loss to us is in his telling us that the Crawfords would predominate, and that there would be only a few Alexanders and a few Clings. Instead, there was only about two cars of Crawfords and seven cars of Alexanders and Clings. Crawford peaches ruled high all through the season, while Alexanders and Clings had to be sold for nothing almost, and often they would only bring freight. In regard to the freight, will say that from Yakima to Billings, Livingston, etc., is 90 cents, and $10 for ice, making the total rate per car of 20,000 pounds $190, while from Offield's place it is as follows: Offield's Bar to Riparia, 10 cents; Riparia to Livingston, etc., $1.12½, and a charge for ice of $15, making in all, for a 20,000 pound car, $260. Mr. Offield says in his demure sort of manner that he did not know anything about this, and as soon as we look the rates up we find that the above is correct, and is according to the tariff.

It would be well before taking the matter up to look well into the merits of the case and try and ascertain who is in the wrong. THOMPSON KAIN.

The answer of Thompson Kain has been supplemented by a correction delivered by Mr. Kain personally at the office of RANCH AND RANGE, while the editor happened to be absent, in which Mr. Kain acknowledges that the freight rates from Mr. Offield's shipping point were the same as from Walla Walla and Yakima. However, the fact remains that Thompson Kain's agent, stationed at Mr. Offield's place to oversee the shipping, etc., accepted the fruit, and when through his duties he returned to Yakima, from where he wrote to Mr. Offield signifying that everything was all right on Mr. Offield's side of the transaction.

At a later date Mr. Offield writes this journal that Jones Guthrie, attorneys he had retained to prosecute the case, had stated that they found upon examination that there was no property that was available for seizure should Mr. Offield win his suit. Mr. Offield thinks that this fact explains the treatment he has received. He writes also that "Mr. Kain stated in the presence of my wife and family, when making the contract, to make the time fifteen days, and he would be on time, as he never in all his business life, had failed to pay a business debt when due. I shall certainly have these people arrested on a charge of fraud if no settlement is made."