The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-12-30
THE RAILWAYS.
Several New Decisi rs by the Western
Traffic Commissioners.


Traffic Commissioners.
CHICAGO, Dec. 29-Chairman Walker
has promulgated several new decisions by
the commissioners OF the Western Traffic
association. One of these relates to rates
on gas coal, which, for points west of the
Mississippi river in Iowa and elsewhere,
has heretofore been largely supplied
through Cincinnati and Peoria. In order
TO equaliZe the rate on coal from the
mines in western Pennsylvania via Chi
cago to the same territory, rate OF s.. 80
from the originating point to the east
bank of the Mississippi was required. This
subject was presented to the Western
Freight association at the June meeting
in the form of an application from the
Rock Island t. join the eastern lines in es-
tablishing rates on gas coal from the
Pennsylvania district to western points at
81 per ton higher than the rates from Gin
cinnat1. the eastern lines TO accept as their
proportion east of Chicago 81 per ton. The
special rate committee to which the mat
ter was referred afterward reported in
favor of making this arrangement, except
that the vote o. the Iowa Central was con-
ditioned upon satisfactory arrangements
being made via Peoria.
The Baltimore and Ohio issued its tar
if as above, and it is still in effect. Sub
sequently the Iowa Central declared that
a satisfactory arrangement had not been
made via Peoria, and opposed the tariff. on
the ground that the division allowed the
western roads should be 20 cents instead
of 30 cents. Chairman Midgley ruled that
this point was well taken, and that the
existing tariff was never authorized. The
commissioners now sustain Mr.. Midgley and
say that the special committee must again
convene and arrive at a unanimous report
or submit to concerted action on the pres
ent tariff.
In the matter of the appeal from the dis
agreement in the Transmissouri aSsocia-
ton, in respect to the construction of the
agreement of that association concerning
the furnishing of statistics, the commis-
sioners conclude that they have no Juris-
diction.
ST. LOUIS, Dec. 29.-Judge Thayer of the
United States circuit court has handed
down an opinion in the case of Henry Burr
against the Union Pacific Railway COM
pany and Carlos S. Greeley. This was an
action for breach of the covenants or war
ranty contained in two deeds or convey
ance. The petition alleges that the rail-
way COMPANY convened the land in dispute
to c. S. Greeley, and that he in turn con-
veyed the same to the plaintiff; but that
the only title ever possessed by the railway
company was derived from patent issued
by the government to the Kansas Pacific
Railway company in 1862, donating lands
10 AID IN the construction OF Il ralIrotu
from the Missouri river to the Pacific
ocean, and that such patent was void, be-
cause pre- -emption claim had attached to
the land before the grantee in the patent
had definitely located its line of railroad.
The plaintiff filed two counts in the petit
tion-one against the Union Pacific Rail
road company and another against Greeley.
The court holds that the railroad company
and Greeley are not jointly liable, as both
lYsa 11lla lai n Ixyt11 1nlS tA hn
and therefore the demurrer of the defend
ants, because of improper joinder of cause
of action, is we'll taken. The demurrer
was sustained, but leave was granted to
the plaintiff TO amend his petition within
the next thirty days if he so desire.