Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1886-06-24
A FREIGHT DECISION.


Tho railroad Commissioners Read tho
southern Kansas haIlrosd . Lecture.
The Board Of Hallway Commissioners 10
Gently rendered some interesting decisions
In relation to the manner in Shieh the
Southern kaHsas Railway Company has 9.
late billed consignments frodi one point to
another: The first Is that in the case OF
Rogers & Son. of Medicine Lodge. who filed
coniplaiEt with tbs board to the effect that
they were charged for Sc. GOO poHnd., when
in fact only 10000 pounds were shipped.
The following IS the decision BY the board:
from the e3iEplaIns IN this case ,a anu 'os
the see response is sses9 s. s9 %gay so
planned of. the facts appear to te 20 foiiosws vs.:
On the 18th of April. 1885 there was son;
Of corn. to be shipped to them at Medicine
f Esf he ss Sss asssa the
fore putting the same ihtS TIE saT; e.ss
was, 9, sis pounds. In the waybiil II Is os
stribed as ''ls9 sack: Of corn: e,ght, subject a
Ia tdrreetot' 20 600 pounds" when the corn
essiesa the IT. Gssa.T rate
between Harper and Medicine Lodge
upon stated weight Of $1,000 pouSndee'
his response to this Complain aaisb M aren't.
SAYS: 'Uif inst auctions to agents are when en-
bi1iig gfaip, to- use 4 weight OF aUI
pounds which is 70 Be retfsctsd to set ss.
formerly our custom to bill all cars at So,VU
bs,thds. bit s,nce the capacity Of cars . nave
been increased it is found tHas the ave eCd.:
III the form OF claim, and sdiust direct
VIII shipssts n sPoa as POSSIBLE SSH the prac
IL Il
| jtctfons. the offer to adjust the overchsrge
| III this wise would obviate any neeo S ..
further coihnsn. Pr we think thin ~, ,n x !no
e eas 1oad o. weshts leaving TIE shipper to
| Seek, adjustment with the company at.ea
wards Upon attusl Weights Is SO o oG5ee' snd
able as to merit all TIE co4aemns shs indi~
| nant shippers in this case Hefe y q
party whom upon a shipment OF loso VI
| corn thrty.three miles is overchergeu az
! cordfig to the evidence now before US, s'A
| dollars This is hot done. either by accl-
| dent or through mistake but ACCORDING 70
rule and custom. THE company taxes the
shppers money ana tb ,e itoe and
Of getting back from the company that por'
ton Of his money that was uniawIuIy ~
acted. As the complainant justly oDserves'
many men whose tvetchafge is compare ara.
tive triHc. viii gr n and bear 1t, take the, !,
pay out in cursing the company rather tnan
be yexed with seeking to recover tnclf
panS to Know 4, q me sn' Time Of
q freight bill to iran. the correct
amount it has a right to charge. ant. ana
to collect that and go more ~ me Money Il
collected or demanded: The weghts can f ue
ascettained as we'll before as after ana ire
dueiltiy much more easily. 1t must De evi,
dent that ssich d taetice as the one pursued,
in this case must Re fruitful source OF
oyercharge to shippers. ertaifing aDSolu.e
loss to some and vexat on troupe ang eA.
pense to Others who resort TO tine t gu, ths
and usually dilatory methods devised for .ns
establishment of claims through raiiroao
Offices It Is true that the company nad pc
track scales between the two points OF snip.
duty of the shipper 10 furnish the scales, and
their absence can never justify any company
in basing charges for service renue eteh
which the law requires snaIi DC upon eo oh;
lished and uniform rates. upon Its own arp
frary guess or presumption, ana estaplS" ''<
actual fac. as best he may.
The shipper also comp aims that tne com ON,
poy th sse espe ena'f iii the fresh
charged Tie orig nal OK pense bill IS before
us, and we find that it fails in that respect 70
conform to the requirements OF the Ia ia" the
Atchison road in letter OF date april : .aSs
We are of the opinion that the overcha ,t;,s
in this case should be refunded 10 inc Sd
custom set forth in Mr.. Hyncs' letter should
be at once abolished, and further that the ex
rcnse bills of the Southern Kansas railway
should be made to conform to the REQUIRE
ments heretofore pointed ont by the board.
In the case of J. NJ. Johns, of Moline
against the same company, the decision Of
the board was similar to the above. The
board decided that the evidence clearly
showed that Mr.. Johns had been over
charged S5.S1 upon shipment of millet seed
which amount should be refunded to hin
without delay.