The Iola register., 1886-06-25
A FREIGHT DECISION.

me Railroad Commiselonon Read -
Soathsrn Kansas Railroad . Lecture.
The Board OF Railway Commissioners ~
Gently rendered some interesting decisions
In relation to the manner in which tho
Southern Kansas Railway Company has Of
late billed consignments from one point to
another. The first 10 that in the case Of
Rogers & Son. of Medicine Lodge. who filed
complaint with the board to the effect that
they were charged for $1,000 pounds, when
In fact only 10000 pounds were shipped.
The following Is the decision by the board:
From the complaint in this case and the
accompanying evidence. and the nature OF
the response made by the company COM
planned OF, the facts appear to be a. fOllOws:
signed to compIainants at Harper carload
OF corn. to be shipped to them at Medicine
Lodge, Kan, over the Southern Kansas rail-
road. The consigner weighed the corn pc
fore putting the same into the car. ana ms
sworn statement shows that the total weight
was 2. .so2 pounds. In the waybiil 1t Is de.
scribed as "ls9 sacks of corn: weight. subject
reached its destination complainant was
charged the regular rate for the distance
between Harper and Medicine Lodge
upon o stated weight OF 000O pounds.
In his response to this complaint Mr. s. =.
Hynes, the cOmpanv's general freight agent,
saws: 'Our instructions to agents are, when
billing grnin, to use . weight OF JoW0
weight when such is ascertaiued. 1t was
formerly our custom to bill all cars at 25Op
pounds, but since the capacity OF cars have
S it that hat the
"If you desire. we will put the complaint
In the form of a claim. and adjust direct
with shippers as soon as possible. Ii the
instructions recited above. and the prac-
tice founded upon 1t were free from OBJ
jections. the offer to adjust the oveScharge
In this wise would obviate any need OF
custom of charging shippers upon maximum
car load weights, leaving the shipper to
seek adjustment with the company after
wards upon actual weights. is SO objection.
ObiurgatiOn heaped upon 1t by the indig-
nant shippers in this case. Here is =
party whom upon shipment OF load OF
corn th'rty,three miles Is overcharged. ac-
cording to the evidence now before us. SIX
dollars This is not done either by acci-
dent or through mistake, but according to
rule and custom. The company takes the
complain and go to the trouble and expense
of getting back from the COMPANY that pOr.
ton of his money that was unlawfuily ex-
acted. As the complainant Justly observes,
tive trifle. will gr and bear 1t. take their
pay out In cursing the COMPANY rather than
be vexed with seeking to recover their
panv to know. at the time i present.
q freight bill to man, the correct
amount 1t has right to charge. and
to collect that and 20 fnp more Inc e,eY sime s
collected or demanded. The ghts can be
ascertained as well before as after. and fire.
Guently much more easily. 1t must be evi.
dent that such a practice as the one pursued
in this case must he a fruitful source of
overcharge to shippers. entai'ing absolute
loss to some and vexat on. trouble and ex-
pense to Others, who resort to the tedions on,
establishment of ella ms through railroad
Offices. 1t is true that the company had no
track scales between the two points of ship
duty of the shipper to furnish the scales, and
their absence can never Justify any company
in basing charges for service rendered,
which the law requires shall be upon estao-
lished and uniform rates. upon its own arhi
trary guess or presumption, and establish the
actual fact as best he may.
The shipper also comp aims that the COM
panv's agents refused TO inform him. or put
upon the expense bill the rate of freight
charged. The orig nal expense bill Is before
us. and we find that II fails in that respect to
conform to the requirements of the law as
stated by us TO the general manager OF the
AtchisOn road in letter of date April 2. last
We are of the Op niOn that the Overcharge
in this case should be refunded to the ship
per without delay. and that the Objectionable
custom set forth in Mr.. Hvnes' letter should
be at once abolished and further, that the ex
rense bills of the Southern Kansas railway
should be made 10 conform to the REQUIRE
ments heretofore pointed out by the board.
In tho 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.. Johus had been over
charged s5.s1 upon shipment of millet seed.
which amount should be refunded to him
without delay.