Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-06-28
THE RAILWAY BOARD.
Shippers, Great or Small, II Kansas nusi
Paw Alike.

| Under date Of June 2lst, the railway CON-
missioners, replying to a letter from Q.
Campbell, general freight aud passenger
| agent OF the st. Louis. Fort Scott & Wichi-
Ia Railroad. Fort Scott, issued the following
opinion, which will be of interest to ship
pers all over the State:
In your letter OF inquiry dated May 18th,
you ask, ''Under the law are all shippers
entitled to equal rates, 4. e., is the shipper
OF small number Of car loads entitled to
the same rate as parties who ship 100 car
loads or morey'
There are three recognized units on which
rates are fixed, viz: the "passenger," the
''hundred pounds" and ''car load"
Passenger rates, under the law can he
classified and different fares charged for
first and second class-passage one-half fare
for children or parties In charge of stock on
freight trains. round.trip tickets, one thou
sand-mile tickets and emigrant tickets, at
reduced rates. as has been the custom here
torore, but they must be open TO and allowed
all persons who desire TO travel under the
different conditions; such rates. however,
must not exceed the rate charged by law.
No higher unit than q car load Is recog.
nized by any railroad tariff, aud we are Of
the opinion that no distinction should be
made simply on the ground OF an increased
number Of car loads any one Individual may
ship more than another, and that the rate
per car load shall be reasonable and fair,
and open to and allowed one and all alike.
We admit and believe the law recognizes
many conditions Of shipment, and admits
Of different rates being established, under
the various conditions. For instance, the
railroad companies may make special and
lower rates for transportation Of stock, ma
chinery, goods, wares and merchandise for
exhibition at public fairs, expeditions, etc.
for the transportation of household goods,
wares and merchandise for emigrante, for
the distribution Of aid on account Of some
accident, drouih, or other casualty, and
under other like conditions or similar cir
cumstances that might be enumerated.
The rates fixed and granted under these
circumstances and conditions are not In
tended to govern the general tratnc, but on.
ly under special circumstances and eondi-
lions. General rates are fixed on the units
which are to govern general traffic and
and such rates a. 80 esssb- |
lished on the different classes Of freight In |
our opinion must be open to and allowed |
all alike without regard to the number Of |
car loads that may be shipped.
II reduced rates are granted on any class |
they should be allow ed to all alike from aud |
to the same point.
One OF the chief sources Of complaint CON- |
Ing before the Legislature last winter was
The discrimination in favor Of heavy ship
pers and against those furnishing . less
quantity OF freight, and Il was the purpose
,f the Legislature 10 supply . remedy BY
he enactment of section ten OF the railroad
vet.
This question was recently before the Uni
ed States district court for the northern
district OF Ohio, and the views herein ex-
,ressed are In conformity with that decis-
on. The court In that case, says:
"rhey (the railroads) have been suthor-
zed for the common beneAt Of every one,
md cannot be lawfully manipulated for The
advantage Of any class ut the expense Of
my other. Capital needs no such extraas-
'us aid. 1t possesses inherent advantagesl
which cannot be taken iron It. But II has
10 just claim by ressos Of it, secu1ulatsd
trength to demand the use Of the public
highways Of the country. constructed for
be common benefit Of I'll, on more tavern
lie terms than are accorded 70 Tie hunhlss4I
{ the land. and discrimination u favoe
parties Furnishing the largest q1astity
freight and solely % thas grsand, h 81
iscrimidaioa In favor o. capital .sad b
pntrary TO sound public policy, vie,saivs
that equality Of night guaranteed y eve
7 citizen, and . wreag = the diseavsssd .
arty ''-Federal Rspestsr, vel. Il, -. L.
Precisely In The sans HE asd - ~ ss0si
feet IL the ressesiAs ard spiniss q ~
iprems court Of New Jerssy u ~ cass I
Messenger ". TAs Pos c.. - y. ]. I
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