Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-07-26
OPINIONS OF TINE conn,ssIom.

OPINIONS OF TINE COMMISSION.
Two cests Per Hundred Pessls o. eraIs
Not CONSUMED 70 Elevotoss % "Ex.
cessive"--.Switch Charge It f.
Scott nust be Paid BY the
cenpanIes.
The two following opinions promulgated
by the Board of Railroad Commissioner
last week, viii doubtless prove Of interest
to many Of our readers, and are therefore
presented in full:
J. p. Goddard, E,q., Traffic Kanoeer H., T.
d. S. r. r. r.
DEAR SIR The following is . copy Of
the decision rendered in the case In which
j. Hiddleston is complainant:
The party complaining in this instance
states that he is charged, on shipments Of
grain from Eudora to Kansas City, two
cents per hundred pounds over and above
the rate charged on grain shipped over the
same line when consigned TO elevators.
His grain was consigned to the Zenith
Mills.
The railroad company admits the charge
and justifes the same by showing that
when grain is delivered to elevators, IL IL,
as rule, promptly disposed of, requires
less switching and less labor In every way,
at our Missouri river stations, than when
delivered on the track.
1t Is further represented to US that II
shipments Of grain for track delivery at
Kansas City were permitted. there would
be a great portion Of the time when the
company would be obliged to refuse to re.
ceive grain at all, from the fact that the
track would be blockaded at points of des.
tination, on account OF the slowness OF
parties unloading.
| These considerations are entitled to
great weight. They present q possible
state Of things which is likely to entail
great loss on the company by impeding its
business. and inconvenience on the public
by abridging the company's carrying facil-
titles. 1t is, on many accounts, highly de-
sirable that shippers should avail them
selves OF the facilities provided for the
rapid loading and unloading OF their grain
on and of the cars. During the busy grain
shipping season IL is possible to supply
every demand for cars as promptly az they
are needed. Every unnecessary detention
OF cars at the place when the freight Is to
loaded and unloaded renders the company
still less liable to meet the public needs.
Besides, IL is not fair nor reasonable that
the shipper who, to avoid and save elevator
charges, unloads his grain by methods that
detain the car upon the track at the place
Of delivery for twelve hours, should be
charged the same and no more than or e
who, by paying for the use of modern
methods, detains the car but one-fourth Of
that time.
But we think the practice OF taxing side
track deliveries by an increased rate on
shipment. is one that the law does not
sanction. This is a service that should be
done for all on equal terms, under similar
circumstances and conditions; and IL one
man has provided himself with facilities OF
his own, or any other means than by eleva-
tors, by which he can and does relieve the
car Of his freight in as short time as the
same is done at the elevator, he should not
be taxed for not taking his grain there.
The extra tax should be placed upon those
who consume car facilities by unreasOna-
BILE detention, and all detentions, especially
in busy season, caused by failure to en-
ploy proper facilities for unloading, il I'M
reasonable.
We are of the opinion that the more just
method and one more in consonance with
the spirit OF the law would be to tax de-
beyond such time as the company shall fix
as reasonable, having reference to all the
facilities available at the point OF destina-
ton. We think further that it would be
proper for the company to exact payment
in advance of a specific amount upon all
shipments Of grain to be delivered else
where upon its track than at elevators, or
mills or warehouses, Immediately upon its
line having dumps, elevating or other facil-
titles for the rapid handling OF grain. The
demurrage or any portion of 1t to be re-
funded TO the shippers in proportion as he
does or does not detain the car beyond the
minimum fixed period. In the case of the
complainant, he shipped to the Zenith
Mills, and 1t does not appear that he is
chargable with unreasonably OBTAINING
ears, and we think the rate OF two cents ex.
ira in the rate to him was excessive.
BY order Of the Board.
4. j. TURNER, Secretary.
q. Campbell, Esq.. General Manager 81. Louis
Fort Scott IL Wichita R.R Fort Scott, Kan
sds.
DEAR SIR The following is q copy OF
the decision rendered by the Board of Rail.
road Commissioners In the case therein set
forth:
In the matter Of complaint made by CIR.
Anderson, Of Mahon, Kansas, that the
charge of So per car made by the Missouri
Pacific Railroad Company for the switch
ing Of coal over one-half mile OF their
track, at Fort Scott, from the junction of
the Missouri Pacific Railway to the Saint
Louis, Fort Scott & Wichita Railway, to be
transported over the latter road, lis excessive
and exhorbitant, the Board finds from q
careful investigation that for the same ser.
vice at the same place the charge Of fifty
cents per car is made for the transfer OF
live stock and 81 per ear for the transfer OF
fence posts.
The Board further finds that no extra
power or force is employed by the Missouri
Pacific Railway to perform the service in
addition to that employed in operating the
usual freight trains on their line. In view
of all the facts and evidence obtained, the
Board decides that an amount not to ex-
coed 50 per car, for such transfer Of coal,
is a reasonable and proper charge TO be
made by the Missouri Pacific Railway.
The Board is of the opinion that such
switching expense should not be borne by
the shipper, but that the railroads, at points
where they center and receive freight from
connecting lines, should provide such facil-
titles for the transfer of shipments, by con-
nectons or otherwise, as will in no manner
discriminate against shippers engaged in
business on connecting lines Of roads. If
this switching expense is paid by the ship
pers ON one line and not by those on another
il becomes tax on their business and q
discrimination which should not exist.
The Board believes il 10 be the duty Of
the st. Louis, Fl Scott & Wichita Rail.
road to so arrange its connections with the
different lines at TT. Scott rs to avoid these
charges.
BY order Of the Board.
Z. j. TURNER, Secretary.
DEATH OF MRS. JAMES LANE.
There are thousands in Kansas who will
regret to hear OF the death OF the widow Of
Gen. Jim Lane. There is hardly an old