The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-01-31
KANSAS STATE NEWS.
Another Decision.


In the complaint of J. NJ. Covert, charg-
ng the Mis- souri, Pacific Railroad with dis
eliminating in shipment of coal from
Leavenworth to Atchison, and In raising
the rates on carloads, also in not furnish
ing the necessary cars, also in discriminat-
ing in favor of j. P. Pomeroy, rival at
Atchison, by giving him special rates, the
Railroad Commissioners, in reviewing the
case, said: SIT appears that Mr.. Pomeroy
deals extensively in coal supplied from Rich
Hill and other mines in Missouri, in which
the Missouri Pacific Railway Company is
interested; that the railway company has
no special agent for the sale of its coal, but
that its dealings in this respect are open to
all upon the same terms. 1t did not appear
from the evidence that complainant had
applied to purchase coal of the company
and been refused, or that different terms
had been offered to him than were
offered to Mr.. Pomeroy." After
reviewing the prices and quality,
of different Goals and the prices charged as
appeared from all the evidence offered, the
Commissioners came to the conclusion that
$50 faras prices and freight rates are con-
cerned no advantage is given Rich Hill
over Leavenworth coal in the 'Atchison
market" In regard to the alleged discrim-
nation in the supply of cars by the COM
pany, the Commissioners said that "the
complaining party states that he has beer
unable to obtain coal from the Leaven-
worth shaft for the want of coal car facil.
tiles, which have been persistently denied
by the company. That this has greatly in
jured his trade and has compelled him tc
get his supplies of cord wood over the
Rock Island & Pacific Road. Complainant
testified that he lost a valuable contract
to supply coal in AtchiSon from the Leav-
enwOrth mines in consequence of the re-
ported failure of the mining company to
obtain coal cars from the respondent COM
pany." From the record and evidence
the Commissioners concluded that ''while
there were instances of what appea<ed to
be unnecessary detention, the average was
not above that which ordinarily obtains.
or might reasonably be expected. II
further appears from the evidence that Mr.
Pomeroy was unable to get all the cars he
needed and called for" and the evidence
showed that the company's car factories
were greatly under the demands of the
traffic and that a large number of new cars
were being built for the road and that it is
impossible in the busy season to supply II
full the demands for coal cars from any
quarter, and that the rule of the company
is to distribute at such times the cars
among applicants in an equitable ratio o.
the demand. Taking all the facts together
the Commissioners ssay: at is evident
that Mr.. Covert's business has suffered very
materially, as well as the interest of the
Leavenworth Mining company, from lack
of transportation facilities. His complaint
IN this respect is not groundless.
The demands of the coal trade are growing
with such rapidity in this State anC
Missouri that it may be difficult fol
railroad companies to fully anticipate
all of its requirements. 1t is of prime
Importance to the public that rolling
stock sufficient be supplied to meet al
necessary demands. While this has moi
been the case, the evidence is not sufficient
ly pointed to enable the Commissioners to
say that there has been Intentional discrim
ination in the supply of coal facilities
In this case the company appears
to have appreciated the public needs by
taking steps to meet public requirements
in providing large additions to its rolling
stock. We think it would also be desirable
for mining companies to supply themselves
in part with their own coal cars" Commits
sioner Turner concurred in the decision ex.
cept the last clause, holding that while he
had no objections to any mining or other
supplying itself with coal or Other
cars if it desires to do so, he thought it tc
be "clearly the duty of the Commissioners
under the law to see that each road Operat
ing within the State is supplied with q
sufficient number of cars to do the business
along its line, and to supply the public de
mand, whether it be from mining companiei
or any other source"