Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-09-07
IMPORTANT RAILROAD DECISIONS,

III the matter between Ryan Bros, of
Leavenworth, and the Union Pacific Rail-
road Company, the Board gave the opinion:
The Investigation discloses the fact that
on the 9th day of April, 1888, the COM
plainants shipped two cars of cattle from
State Line to Leavenworth via the Mis-
souri, Pacific Railroad; that upon the ar
rival of the cars at destination, complain.
ants requested them unloaded in tie yards
of the Union Pacific Railway instead of
the yards of the Missouri Pacific, which re-
quest was granted, and for the switehage
and yardage the former railroad company
charge complainants 500, or $3.50 per car.
which amount is claimed by them to be ex-
orbitant and excessive, and the Commits.
sioners are called upon to determine.
1t is the duty of every railroad or trans
portation company to furnish to shippers
over its line of road all necessary facilities
for the handling of all kinds of freight
without additional cost. That the Missouri
Pacific Railway Company had these IA
cilities at Leavenworth, and that they were
afforded compliments free of charge, is
admitted.
The Investigation disclosed the fact that
the Union Pacific Railroad COMPANY mad
certain representations, built much more
extensive yards than those of the Missouri
Pacific at Leavenworth, and located them
more conveniently to the complainants' pri-
vate yards and feed shed where this Ship
ment was to be taken. For this reason
complainants desired to have-ths stock un.
loaded in the yards of the last named com.
pany rather than in the yards of the Mis-.
souri, Pacific Company, (Which were offered
them free of cost, thereby avoiding tho
necessity of driving stock through the city
to their own yards.
The comp1ainants were aware of the
charge made by the Union Pacific by bills
presented and paid upon former occasions
for the use of their yards; it was therefore
optional with them whether they used the
yards of the Missouri Pacific without
charge or those of the Union Pacific at a
cost of $3.50 per car for switching and
yardage.
The Board is therefore of the opinion that
Under these circumstances the amount of
charge for such service is matter to be
determined between the parties.
Loading Grain from FI.vators.
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 Dirt.
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 20
be done for al 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 course
would not be warranted under the law.
Section 8 provides that at 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 as 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.
q "a fhn of fhn
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 thecompany's ability
to supply transportation facilities prompt.
ly to all, a result which, it is concluded,
would be of advantage to both shipper and
carrier. Still, if 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 and busy 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 crack, 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 a
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 rule to apply during
the busy shipping season, when the cnpaci.
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.
DURING a storm recently Mr.. ID. II.
Shaeffer, of Leavenworth County, had the
stacks of wheat of sixty-five acres and ter
of oats struck by lightning and burned
The whole was valued at Sl,oOO, insured
Tor $1,000.
In writing of the Paris dog-pound,
Mrs. Lucy Hooper describes the laws in
regard to these animals rs very strict,
every stray cur foHnd without the proper
check being promptly impounded and
after twenty-four hours as mcrcilessly
killed. In extenuation of the rigor of
these laws the authorities point to sta
tistics, which show that IN 1873 twenty
four deaths from hydrophobia occurred
in Paris; in 1879 the number was
twelve, and in 1880 fell to four.
China has one colliery in complete
working order. 1t is located at Kaip-
supply is considered ample, as the coal
bearing stratum is supposed to be about
one thousand feet thick, with thirteen