Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-09-06


under these circumstances the amount of
charge for such service is a matter to DO
determined between the parties.
Loading Grain from Elevators.
The second case was that of j. NJ. Ogden
VS.. Union Pacific Railroad Company. The
Commissioners sent their decision to S. T.
Smith as follows.
Mr.. s. T. Smith, Superintendent Kansas DiUt
sion Union Pacific Railroad:
Topeka, KAN, Aug. 22.-Dear Sir: Refer.
ring to your letter of the 10th inst, wherein
you ask whether under the law you may
not protect the business of elevators built
along the line of your road, where sufficient
capacity exists to handle all the grain
through them, and this service is offered to
be done for all alike on equal terms by pro-
hibiting track loading from wagons or by
other means than elevators, we have to re.
ply that in our Judgment such a course
would not be warranted under the law.
Section provides that SIT shall be the
duty of any railroad company, when with
in its power so to do, and upon reasonable
notice, to furnish suitable cars to any and
all persons who may apply therefor for the
transportation of any and all kinds of
freight. 1t was undoubtedly the purpose
of this section of the statute to place all
citizens and classes of business men on an
equality in their relations with the opera
tions of the railroads, so far that end
could be practically attained, and to afford
all alike such transportation facilities as
their business should require. We are
aware of the fact that all cannot be sup
piled at all times with cars with equal
promptness. Many exigencies arise, es-
pecially during the busy shipping season,
that occasions unavoidable delay. At such
times the companies are expected to do the
best they can and supply all as promptly
as possible.
We appreciate the force of the reasons
you present in support of the position that
all grain should be loaded through eleva-
tors. If this were the universal custom, it
would greatly add to the company's ability
to supply transportation facilities prompt
ly to all, result which, it is concluded,
would be of advantage to both shipper and
carrier. Still, if a man desires to load his
own grain on to cars from wagons or by
means of other facilities as he may have
provided himself with, he has that right
under the law; but if he chooses to employ
slow methods of loading when quick ones
are provided and at hand, and by this
means unnecessarily detains cars upon side
tracks during pressing ana DuSy seasons,
abridging the transportation facil-
tiles of others, he ought to make
| good the loss he thus occasions.
If one man to save elevator charges
detains a car upon the track, twice, three
times, or even longer than it would have
been detained if appliances for rapid load
ing had been employed, and by that means
others are deprived of cars or kept waiting
for them the trackloaders would be given
decided advantage over those employing
elevators-an advantage gained at the ex-
pense of others.
We therefore think that it is just and
equitable to establish a rule to apply during
the busy shipping season, when the capaci-
ty of the company is overtaxed for grain
cars, to the effect that all those who detain
cars upon the track beyond the time neces-
sary to load them, having reference to all
the facilities existing there for rapid load
ing, should be charged a reasonable damage
for detention. This rule would not apply
to such seasons when the company was
able to respond without delay to all calls
for cars.