The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-07-20
MoGREW, SEAWELL, EFT AL, WIN
THEIR CASE.
Lexington Coal Rates Ordered
"a

JEFFERSON CITY, July 16. - This
afternoon the state board Of rail
road commissioners decided the
McGrew case. The con- plainant, Nc
Crew. coal miner of Lexington, Mo g.,
declared that the Pacific railway charg-
ed unlawful and exOrbitant rates for
hauling coal to Kansas City. The
complaint was heard at Kansas City
about a month ago and over a week
was occupied by the commissioners in
taking evidence.
The ruling embodied in the decision
is favorable to the complainant-a re-
duction of ii per cent being ordered in
the coal rates from Lexington to Kan
sas City. The commissioners also
quote the constitutional provisions pro
hibiting railroad corporations from II
gaging in other business than that
called for by their charter aud com-
ment on the ownership of the Lexing-
ton mines by the Missouri Pacific
company. The decision in full is as
follows:
The original complaint in this II
was filed January %, 1889, and alleges
that the rate of 65 cents per ton as
charged by the said railroad company
for the transportation OF coal from
Lexington and Wellington TO Kansas
City is unjust. unreasonable and extor-
tionate, and also that said mpany
discriminates against said complains.
ants il such transportation by granting
lower rates TO other shippers than is
charged complainants.
After q very tull and exhaustive
hearing and inquiry into ali things
pertaining to the matters i'll question
the commissioners decide that 55 cents
per ton of 1000 pounds is Il reasonable
rate tor the transportation of coal in
carloads from mines on the line OF the
Missouri Pacific railway company east
of Kansas City for all distances mp to
and including fiity.tive miles, and it is
therefore hereby ordered that from
aud after Saturday, July "A, 1889, the
maximum rate for the transportation
OF coal in carloads from all points on
the line of the Missouri Pacific rail-
way company east of Kansas City shall
not exceed 55 cents per ton OF 1000
pounds from such points on said line
TO Kansas City for all distances up to
and including fiitv- five miles.
There is no evidence " hatever to sus-
tain the charge of discrimination as
alleged in the complaint and therefore
as relating to the alleged discrimina-
ton the complaint must be held as not
sustained.
The commissioners deem it proper
here to refer to a fact connected with
the foregoing ase and prominently
presented them in the course of its
hearing, which has and still does at
tract the notice of the public and which
also has been referred TO by this com
mission at various times In their annual
reports. This fact is the ownership
in the Lexington coal and mining com,
pauy by the Missouri Pacific railway
company. Section 7, Article II, of the
constitution of Missouri declares That
"no corporation shall engage in bust
ness other than that expressly author
lied IN its charter or the law under
which it may have been or hereafter
may be organized" The owning and
operating of a coal mine for CONNER
cial purposes by a railroad corporation,
in the judgment of the commissioners,
must be in violation of the cOnstitu-
tional provision above quoted. In the
twelfth annual report of this commits
sion il is stated: "There can be no OBJ
lection, of course, to the ownership OF
a coal mine by a railroad corpora
ton and to the mining of coal by
that corporation for its own use and
and purposes. But there are the most
valid objections to the operation Of
such coal made for commercial purp $.
es. II is commended that the owning
| OF stock in a coal mining company by II
railroad company does not constitute
such railroad company All operator in
coal. Technically, perhaps, it does
! not, but there a be no doubt as To
the intent of the constitutional provis-
ion in this regard. There is no statute
law in any way relating to the section
of the constitution above referred to,
or for the enforcement of its prOvis-
ions. The questions of the ownership
of the Lexington coal aud mining
company or of the operations OF the
latter named company as mine opera
tors and coal dealers is Over which
the commissioners have no jurisdiction
whatever. They can but record their
opinions, which are as expressed in
their twelfth annual report and quoted
above, and, further, to say that in
their Judgment the ownership and OPP
Grafton is contrary to public policy,
manitestly al injustice to private coal
| operators and in direct violation of the
constitution of Missouri.
The RAILROAD COMMISSIONERS.
By MN. e. Downing. Chairman.