Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1886-08-21
BOUND TO BREAK THE POOL
. Sue the Southwestern Assoc
citation.

The following, from the Kansas City
Times of Monday, will be read with
interest by every citizen OF Lexington,
showing as it does, that while the
action of the railroad commissioners
with shippers in Kansas City was sim
liar to their action in the McGrew fight
for rates here, the transportation COM
mittee of the board of trade of that
city propose to fight the matter through
the courts OF the state. We hope for
them speedy and complete success:
The fight against the southwes tern
pool has progressed to a point when
success is assured. The transportation
board, having appealed in vain to the
railroad commissioners, has taken the
matter into its own hands, and will in
a few days bring suit to have the pool
ing contract Cancelled and to forever ell
jOinthe rOadstrOm entering into another
similar me-. The action will be based
on a constitutional provision aimed
directly against pooling and on the
common law principle of public policy.
This action the hoard has been con-
sidering for several months. Its
attorneys, after a careful investigation
of the law, are very clear as to the ap-
plication and have nodoubt that under
it pooling can be forever prevented in
this state Suit would have been en-
tered weeks ago had it not been that
the board hoped to get redress through
the railroad commissioners. To this
end all appeal was presented to the COM
missioners in which the situation was
reviewed at length and the means of
relief pointed out. When a committee
from the board OF trade and the trans
portatiOn board wen to jefferson City
about the middle OF June, they found
the commissioners heartily in sympathy
with the request, and were assured
that a reduction of freight rates would
be made forthwith. When Secretary
Miller and General Agent Mead visited
the capital a few weeks later, the COM
missiOners seemed even more favorably
disposed toward the proposed reduc-
ton. On the occasion Of their last
visit, the 18th inst. however, they
found that the views of the commits
sioners had undergone a complete
change. They said that they had
hitherto made several reductions which
had never been observed by the rail.
roads, and urged that the transporta.
ton board bring suit OIL some of these
Mr.. Miller Directing that the deduction:
spoken of were merely local and were
not OF enough commercial interest tC
insure the cooperation of business.
men, the commissioners finally return
ed to their former position and agreed
to promulgste a general tariff appiica.
BILE to all classes OF freight. At first
they said it would require seveta
months to perfect it, but General Hard.
ing finally said that he had a rate sheet
made ont which could be got in shape
in a few hours. The commissioners
then agreed to take the matter up the
following day, and promised to send
the transportation board a copy of the
schedule without delay. Hearing
nothing from the commissioners, Mr..
Miller wrote them last Friday tor infor
nation as to what they were doing, bul
has received no reply. Impatient a
tile dilatory action of the commission.
ers, Mr.. Miller and Mr.. Mead vesterda,
prepared q report which they laid be-
tore the directors of the Exchange
building association. 1t was in effecI
that The railroad commissioners had
repeatedly promised to order a reduc,
lion of rates within a few days, anG
that, not having done so, it was moi
within the bounds of probability that
they would within any reasonable
period. They also submitted q letter
from the attorneys of the association
explanatory OF the legal status of the
pool and recommending that suit BIZ
entered against the roads individually
for violation of law. Though ths
directors were unanimously in favor o.