The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-08-30
AN IMPORTANT DECISION

The following communication, in the
form of an official opinion, was rendered
yesterday by the Kansas railway COM
missiOners and will prove of interest to
grain shippers and purchasers:
Mr.. s. T. Smith, supt of KS. Div of up .R.
= DEAR SR-Referring 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 by all alike on equal terms, by
prohibiting track loading from wagons,
or by other means other than elevators,
we have TO reply that IN our judgment
such 9 course would not be warranted
under the law.
Sec. o provides that at shall be the
duty of any railroad company when in
its power 70 do so, 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 10 place all citizens
| and classes Of business men on an equal
| ity in their relations with the operations
| Of the railroads, 80 far As that end could
be practically attained, and to afford all
alike such transportation facilities al
| their business should require. We are
aware Of the fact that All cannot be sup.
| piled At ell times with cars, with equal
! prOmptucss. Many exigeneIes arise. e.
| pecially during the busy shipping SEA
son, that occasion unavoidable delay.
At such times the companies are eX-
| pectcG TO do the hest they can and sup
| ply ell as promptly as possible
We appreciate the force of the reasons
i you present in support of the position
that all grain should he 1Osded through
elevators. If this were the universal
| custom il would greatly add 60 the com
pany's ability to supply transportation
facilities promptly to all, y result which
| IL is conceded would be Of advantage "a
both shipper and carrier.
Still. If u man desires 10 load his own
grain into cars from wagons, or by
means Of such other facilities As lac may
have provided himself with, he has tha
right under the law, but If he chooses Il
employ slow methods Of loading wheT
quick ones arc provided and at hand
and by this means unnecessarily detainl
cars upon side tracks during pressing
and busy seasons, Abridging the trans
portAtiOn facilities of others, he Ough
to make good the loss he thus occasions
If one man, TO save elevator charges de
tains car upon the track, twice. tire
times or even longer, than il would havI
been detained Ii. appliances for rapi'
loading had heen employed, and by tina
means others are deprived of cars o.
kept waiting for them, the track lOade
would be given q decided adVAntag
over those employing eleVators-aL
advantage gained at the expense of 9th
ers.
We therefore think that it is Just an
equitable TO establish a rule, 70 appl
during the busy shipping season, Whel
the capacity OF the company 10 oveI
taxed for grain cars. 70 the effect that al
! those who detAin cars upon the trac
, beyond the time necessary TO load then
having reference TO all the faci
!, titles existing there for rapid loading
should be charged g reasonable demuI
] rage for dentention.
= This rule would not apply At sue
seAsons when the company was able I
respond without delay to AL calls Il
cars.