Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1884-06-12
CAPITOL TOPICS.

The Board of Railroad Comissioners
rendered decision recently in the COM
plant of Pinney, Mudd & Co. VS.. the st.
Louis Railroad Company. The case was
this: Pinney, Mudd & Co. shipped car
load of wire from De Kalb, H., to FIRE.
donia, sent via the Kansas City, Fort
Scott & Gulf r. r. to Cherryvale and
thence to Fredonia via the st. Louis &
San Francisco line, instead of shipping it
first to st. Louis and then direct to Ere
donia by way of the latter company's
line. The legal rate from Cherryvale to
Fredonia, twenty-seven miles, is Is cents
while the rate charged was q cents. The
company seeks to justify its departure
from its established rate on two grounds;
First, that the shipments referred to were
of the nature of interstate traffic, and
second, as a punishment inflicted upon
those persons who presumed to patron
ize rival line, to the end that by such
means competition might be overcome.
The commission declare that this is
one of the evils that the statue was
framed to cure. To charge higher rate
upon the same class of goods for the like
distance to one person, or to persons liv-
ing in the same locality, than is charged
to others, or to others living in another
locality, by the same railroad for no 9th
er reason than the fact that the shipper
chose to ship his goods over part of the
route from the initial point to their ulti-
innate destination on a rival road is it.
self grossly unjust, and is also violation
of the act of the Legislature which ex-
pressly forbids such determinations and
further provides as punishment to any
railroad company for refusal to comply
with the conditions of the law that 1t
shall forfeit to the person aggrieved three
times the actual damage sustained, which
in this case would be the excess charged
over the regular rate and if the viola
ton was wilful, such company is also IL
able to penalty of not less than one
hundred nor more than five thousand
dollars.
If, however, the claim of the company
that it was interstate traffic is well
founded, the evil might be beyond the
power of this board or the laws of the
State to reach.
In conclusion, the board state that they
are of the opinion that the charges com
planned of were illegal and also unreason-
able. The company are hereby request
ed to restore to the complaining parties
the excess over the regular tariff rate,
and to hereafter conform to the rule
herein prescribed in similar instances.
A short time ago Gov. Click addressed
letter to Acknowledgement johnson,
asking his opinion as to whether, under
existing laws, the State House Commits
siOners are authorized to contract for
the remaining masonry and iron work
for the central building of the State
House, or any part thereof. The Attor-
ney-General replied that he thought it
was the duty of the Commissioners to
proceed without delay with the erection
of the State House, the only Limitation
being that they shall not bind the State
by contract for the expenditure of
greater sum Of money than has been ap-
amount is 100000. It was thought that
if the contract for that part of the work
which could be done in connection with
the foundation could all be let at one
time it would be saving to the State.
Therefore, the Governor called on the
Acknowledgement for his opinion in the
matter.