The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1886-06-24
A FREIGHT DECISION.
The Railroad Commissioners Read ths
Southern Kansas Railroad q Lecture.

Ahc TSaitroau commits stoRers Rea0 the
Southern Kansas Railroad Lecture.
The Board of Railway Commissioners re-
Gently rendered some interesting decisions
Ill relation to the manner in which the
Southern Kansas Railway Company has of
late billed consignments from one point to
another. The first is that in the case of
Rogers Il Son, of Medicine Lodge, who filed
complaint with the board to the effect that
they were charged for $4,000 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 o.
the response made by the company COM
planned OF the facts appear to be as follows;
On the 18th OF April. 1sS5 there was con-
signed TO complainants at Harper II carload
of corn. to be shipped TO them at Medicine
Lodge Kan, over the Southern Kansas rail-
rOad. Inc conSigner weighed the corn be-
fore putting the same into the car ana ms
sworn statement shows that the total weight
was @;"G pounds. In the wayb'Il IL IS de-
scribed as ''lS9 sacks of corn: we ght, inject
10 correct on, 2l,OO0 pounds" When the corn
reacned It's destination complainant was
charged the regular rate for the distance
between Harper and Medicine Lodge
upon stated weight OF 3lNO pounds.
In his response TO this complaint Mr. ;. Il.
Hynes. the companv's general freight agent.
saws: Our instructions to agents are. when
billing grain. to use we ghI of $1,000
pounds, which is TO be corrected TO actual
weight when such is ascertained. 1t was
formerly our custom to bill ali cars at 25tOh
pouncS. out nee the capscity OF cars nave
been increased. il is found that the average
wegnt is H.WD pounds The WI ter ADDS:
IF you desire. we will put the complaint
in the form of q claim. and adjust direct
with sh ppers as soon rs posi- bic. II the
instructions recited above. ara the prac-
tice founded upon it were free from OBJ
1ections the offer to adjust the oyercharge
in this wise would obviale any need OF
further comment But we think that the
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 Objectio on
able as to merit all the condemnation and
Obiurgation heaped upon it by the indig-
nant shippers in this case. Here is -
party whom upon shipment of Il load or
corn tn rty-three miles is Overch9rged. ac-
cording to the evidence now before us. SIX
dollars This is not done either by acct
dent or through mistake, but according TO
rule and custom. The company takes the
shippers money and leaves him TO fret snd
complain and go to the trouble and expense
of getting back from the company that por-
ton OF his money that was uniawfuIly cX-
acted. As the complainant Justly observes,
many men whose overcharge is Il compare
tive triBe. will or ard bear il, take their
pay out in curSing the COMPANY rather than
money. 1t is the duty of the COM
PAW 10 know, ut the time { presents
freight bin to man, the correct
amount il hHs right to charge. and
to collect that and TO more. The time
to make adjustments is before the money is
collected or demanded. The we ghts can be
ascertained as we'll before as after, and fire.
Ouentiy much more easily 1t must he evil
dent that such practice as the one pursued
in this case mast be q fra tfUl source OF
overcharQe to shippers. eatailing absolute
loss TO some and VcXat on. trouble and eX-
pcnSC to others, who resort to the tedious
and holds
establishment of ella ms through railroad
Offices. 1t is true that the company bad no
track scales between the two pn' Hts OF ship
ment. hut this is no excuse. Ii was not the
duty of the shipper TO furnish the scsleS and
their absence can never justify any company
i'm basing charges for service rendered,
which the law requires shall he upon cstab-
lisbcd and uniform rates. upon its own arhi-
trIry guess or presumption, and establish the
actual fact rs best he may.
The Sh PIPER also comp aims th9t the COM
paws agents refused to inform HIM, or put
upOn the eXpenS" bill the rate of freight
charged. The orig nal expense Dill IS before
us, and we find that Il 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 .. last.
We are of the op mon that the nVcrchar@e
in this case should be refunded 10 the ship
per without delay, am that the ob Objectionable
custom set forth in Mr.. HvncS letter should
be at once abolished and further. that the cX-
pense bills or the Southern Kansas railway
should be made 10 conform 10 the require
mentS heretofore pointed cut 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 tine evidence clearly
showed that Mr.. Johns had been over
charged S5.S1 upon shipment Of milet seed,
which amount should be refunded to him
without de,av