The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-02-07
ToUzALS AGAIN.



ment was created in this city yesterday
by the publication in the papers of the
letters addressed by General Manager
Touzaiin to the board of railroad com
missioners relative TO their recent de-
cision on the freight rates TO be estab-
lished by the Santa Fe railroad company.
The straightforward character of the
statement made by Manager Touzalin,
and especially the closing declaration
that the company would appeal from
| the injustice done them by eaid decision
to the people of the state and to the
| courts, has made deep impression on
the public, This declaration of the pur.
pose of the company, authoritively
| made, puts an entire change on the
! situation.
Practically. it blocks the work of the
railroad commissioners In fixing rates
for the several railroads OF Kansas, until
the matter of the constitutionalitY of the
law, and the powers OF the board of com
missioners are determine d in the courts,
which may be year or more. In the
meantime the advantage in the delay
will be on the side of the railroads
Even the Central Branch, which has
accepted the rulings OF the board of
| coIilmi ssioners, and is doing business
under the reduced rates. will be likely to
| protest and ask to be relieved from being
| the exception TO the rule until the matter
is determined.
II is thought in this city that this &C
| ton on the part of the Santa Fe corpora
ton. will be likely 10 lead TO demand,
especially from the central and western
part of the state, for Especial session OF
| al GA nfhnruJ;asa Aolor1 aF
nearly year in the operations OF the
board of railroad commissioners is inev-
liable. In other. words, ''their vocation
| will be gone"
The letters of Mr.. TouZalin to the
board of TaIlfold commissioners are
given IN substance, as follows:
OK THE LINE, Jan. 81. 1884.
To the Honorable Board of Railroad
Commissioners, Topeka, Kan.
DEAR SIRs:-I have just lesrnCd by
| telegraph that your honUrsble board has
affirmed your decision of January 1,
1884. and instead If giving us the relief
that we have asked, you have still fur
Their reduced portion of the rates pro-
| mulgsted on January 1, 1884
need hardly express to you, after the
two letters already written this day, the
regret we feel that you have found it
necessary to lie lffirm this decision. We
appreciate the difficult position in which
you stand, and how difficult it will be
for you to satisfy the vague wants upon
which the railroad law was founded.
We appreciate the fact that after having
made the BelOit decision, it has been
necessary for you either to go forward
with additional decisions, or admit that
the law and Its administration had not
been successful. We appreciate the fact
81 hot 10 80 Sc -
ton, and that you haYe q difficult teak
in hand. But, on the other hand.
permit me TO say that our belief
is that 3ou have greEtly mis-
| taken the real interests and wishes of the
people living upon our line. gamer
the motive which prompts your honOra-
BILE board in the action which you have
taken from the statement made by one
of yonr honor able members still present
with you, on the 9th day of November,
1888 On that day the railroad msnag-
els conferred with you, and earnestly
requested you to refrain from making a
tariff for the roads, as such 8 tariff
/ would work no real good, but much in
jury 10 all the interests OF the state. The
reply received was, that unless the rail-
road commissioners made a railroad
| tariff reducing the railroad revenues,
the people would do much worse, and
would eventually ''tear the railroads out
root and branch" We believe that you
have mistaken the wishes of the people
in this matter. and have, perhaps, given
too great credence to the statements and
writings CT those who haYe little or no
] interest at stake, and whose business it
! Is to make trouble between the people
| and the roads.
We regret your decision, because we
1 y ~. -xro <,E
your decision upon the people OF the
east, who own the Atchison road, will
be TO lose confidence 10 their investments
| in The state, and thus discontinue the
| system of Improvements here and Else
| where. We regrttyour decision because
| it has upon it's face the appearance OF
injustice, for you have reduced system
of rat that were already as low and
lower than those in the states
east of Us. We regret the de-
cision because it cuts US off from
the ability to exercise that commercial
| freedom upon which our past prosperity
has been based and without which no
commercial enterprise can be succ essful.
But perhaps above all other reasons, we
| regret the decision because 1t points
squarely to the fact that the prosperity
of the company and its good financial
condidiiion have been used by the board
as coed reason for reducing its rates
and limitations are clearly made that
further reductions will be made
if the prosperity of the road should IN.
crease.
We tbink that thIs increased prosper.
ity should be basis for reward and moi
for punishment. Il has been proven
time after time that our rates have al
ways been reasonable; that indeed they
have been extremely low as compared
with other stats g. Is not this increased
prosperity, then, the legitimate anC
equitable reward for the faith shown
and money invested by the 10000 share
owners of the property? This Increas
ed prosperity has not been one quarter
as great as that which has come to near
ly every othtr investment 10 the state
This pTosps ty has been secured By
great risks, large expenses and unremit
ting labor. Now, that at the end o
long term of ears, when this risk, ex
penst aud labor are bringing moderate
return to the investors, must the fact tina
they have become prosperous operate Il
| deprive them of the fruits of this work
Does not this cutting off o
the fruits of their labor, tend 70 proven
any further improvements by those wht
are thus treated? Is not such action tax
en- by your honorable board in tn
nature of public notice to all investor
in railroad property to abstain from
placing their means within the jurisdic
ton of this states May not the infor
ence be fairly drawn from this decision
that Whenever a si'road property il
Kansas yields a fair return, the reven
: ues will be reduced by your honorable
bOardY Will not the fact that our Ieve
nues are to be reduced, whenever W
are prosperous, take away all incentive
to cultivate and develope that which
planted here. How much neW none
will be invnsted here, while other state
favor comm"rcIsl freedom and abur
dant OPP o tanTty 30 grown How fa
removed are principles and sentiment
: like these from communism? Where i
the world has communism done AM
thing but paralyze and destroy.
We see with Tegrtt that your decisio
| allows to the auxiliary lines no mileag
and rates of their own. We think thi
. Is not q good law. and It will an afraid
E effecsualiy cut off the construction c
addiii nal lines
: We sec with regret that your decisIo
has reaffirmed special rates within To
state ia clear vio.a alton Of law, as n
have been advised by three eeparai
couasels 10 whom we have submItte
this question when your first decisio
: was promulgated.
nj We h ave hoped you would find It Pc
/ sible 10 SO amend your decision % 70 e.
able US to continue our business in Ii
) state without an appeal 10 the court
4 But II now seems clear that the circur
!, stances which surround you make il In
! possible for US 10 obtain frnm your hon
4 cradle board that relief which we sha
!. hope to find an in sppeal tothe good sem
3 ana fair mindedness of the peopls, al
8 in the unbiased judgment OF the court
1 1t will nst then be In any feeling of o.
Il position II your honorable board bI
r only because of the necessities Of Il
; cas- :, that We shall lstsr on ask elsewhei
b tor that eQuItable dealing which y
q think we have been unable TO obtain
il your hands.