Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-10-04
The RELQlI DECISION.
The Opinion Of the Railroad Commission
ers, Which viii be Read With In
terest.


The following, which has been awaited
for some time, was issued last week:
The Mayor and Council of the City of Be-
, lott. complainants, against the Missouri
Pacific Railway Company, respondents.
This is complaint of the mayor and
council of the city Beoit, charging that
rates charged for freight carried over the
Missouri Pacific Railroad to said city from
other points and from said city to other
points, are unjust and unreasonable, and
that the charges made for services perform
ed on said road are excessive, and asking
an investigation OF said charges and de-
cisiOn thereon.
Due notice was given to complainant and
respondent that the board would proceed to
investigate the complaint at Beloit, July IL,
1883, at which time and place the board met
and proceeded TO examine witnesses. 1t
was found that such record evidence as the
board needed was not kept by the officers
In Kansas, who had the immediate manage
ment Of this road, and that such evidence
was in st. Louis, Missouri A requisition
was made upon the general officers OF the
company for such evidence as was deemed
necessary and the board adjourned to meet
for the further investigation OF the COM
plant at Atchison, August ID, at which
time and place the board met. Evidence
quite vOluminous was introduced, a careful
examination Of which revealed the fact that
1t was still incomplete in not showing the
doings in transportation and financial state
| nnr,f< fba Il To- y.
June 30, 1883. The absence OF this was ac-
counted for by the fact, as stated, that the
accounts could not be made up until the re-
ports of the numerous agents, both in and
out of the State, had been received and au.
dited, in which there was necessarily from
one to two months delay. This additional
evidsnce being necessary, the board order
that 1t be produced as soon rs it could be
made up, which was DONE
This complaint is brought under section
fourteen of the act of the Legislature OF
Kansas of March G, 1883, concerning rail-
roads and other common carriers The
| section roads:
SIN all cases where complaint has been
made in accordance with the provisions of
section is, hereinafter provided, that an UNI
reasonable charge is made, or that the rates
charged for freight are unjust, unreasona-
Bile, or ext0rtionate, and the board shall find |
such complaint TO be true, they shall require |
modified charge for that service rendered, |
such as they shall deem to be reasonable,
and shall certify their finding TO the manag.
ing officer Of the road against which com.
nj nj IL 81
by the board to be reasonable, shall be, by |
the railroad company affected thereby, ac-
cepted and posted up in a conspicuous place
in each depot on the line Of its road that
may be designated by said board''
The question as to whether rates of charges
on freight transportation are reasonable or
otherwise, resst upon numerous conditions
and circumstances. and it is not in all cases
easy to decide whether any given rate is
reasonable or otherwise. The board has
gwen the evidence in this case careful con-
sideration. and believes that the earnings of
the road over expenses and charges, leave
sufficient surplus to afford reduction in
the rates Of charges.
The board find and decide the following
L +,
portation of freight to and from Beloit,
Kansas, from and to State line, Kansas City,
Kansas, over the Missouri Hacific Railroad,
governed bi the classification now in force
on said road, to wit:
Merchandise per cwt.: first class 80, sec.
I'D class so. third class "A, fourth class .3S,
fifth class .32. |.
de nf ,nf la.c 81 1
nor more than the maximum, as shown In =,
the classification, in cents, per cwt.: class
A .26, class ID 30, class Z IG; lumber, lath
and shingles Is, salt in barrels or bulk, and
cement and plaster in barrels II, wheat,
Hour, co.n-meal, fax seed, potatoes, castor
beans, millSt seed and broom corn 1850, =
corn, oats, rye, barley, bran and mill stuff, :.
'1i2o, hay, pressed in bales, IL, soft coal 10. !;
hard coal 1850.
Car loads in dollars per car: cattle and
hogs, 30-foot car, $50; horses aud mules,
50-foot car, S35; sheep and calves, 3O-foot
car, s2s.
The complaint has reference to the rates =
1f charges for freight carried to and from =
Beloit. In this finding it is proper to state
railroad were not in excess of proportion
.te rates charged to other points. We,
therefore. call your attention to the follow :
ng provision Of section 10 of the act above .
;ited "Nor shall it (the railroad company :,
;harge more for transporting freight from :.
my point on its line than a fair and Just
proportion Of the price it charges for the
anne kind of freight transported from any y
'ther point" ~
In the judgment of the board, this pro-
ision requires the railroad companies in
his State to maintain fair and just proper
ionate rates, and that when change is eff
ected, upon complaint, as In this case, the !"
lw requires an equalization of the rates Mt -
Their points to maintain such proportion In =.
he general rates. ~
We also call your attention to another =.
ortion Of the statute above cited, contain :. :,
in section IA, and which reads: "And :,
he rates SO determined by the board to be :,
shall be, by the railroad com. r.
any affected thereby, accepted, and posted ~
p in conspicuous place In each depot on .
le line OF its road that may be designated %
y said board" etc. In conformity to this "
osition, the board hereby designate the >"
ompany's depot at Kansas City, Kansas, at -
.tchison and Beloit, Kansas, in which said ~
ties, SO found by us to be reasonable, shall ~
9 posted up, and the board order and di. w
ct that such posting be done In ten days
ON the date OF this order, September II, ~
'S3. W.
Ia,