The Wichita daily eagle., 1893-10-06
THE syMNs CASE.

TOPEKA, Kan, Oct. 5.-The injunction
case brought by the Symns Grocer company
of Atchison to prevent the state board OF
railroad commissioners and the railroad
companies operating in this state from
carrying into effect schedule of rates
prepared by the state board for the benehe
of the wholesale houses of Wichita, was
called in the supreme court yesterday
morning and submitted without oral argu-
ment on an agreement that the parties in
interest shall hays twenty five days in
which to file brief and answer TO the
same. This will carry the proceedings into
the November term, and will prevent
decision being reached before December.
The basis of the case in question Is a
complaint made by the wholesale grocers
of Wichita to the state board of railroad
commissioners against the Atchison, 10
peka aud Santa Fe, Missouri Pacific, st.
Louis and San Francisco, and Chicago,
Rock Island and Pacific railroad compa-
MES, alleging that the railroads were
exacting unjust rates for handling freight
in carload lots from Atchison, Leaven-
worth and other points to the interior JOB
bing towEs of Kansas, the unreasonable
rate being especially applicable to consign--
ments of sugar. syrups, beans, rice, canned
goods and similar commodities.
Upon investigation the board found that
the carload rates from the Missouri river
to Wichita and other interior citirs. plus
the distributing rates from Wichita,
Hutchinson and other cities similarly sit
uated, exceeded the distributing rates
from the Missouri river to the same points
by An amount sufficient to work a serious
hardship and ia some instances 10 become
prohibitory to the interior jobbing houses.
The board, therefore, sustained the COM
plant and ordered a reduction OF rates.
not only to Wichita, but to other Cities
that joined in the complaint.
Against this order an injunction was
granted by the district court of Atchison
county, on application of the Symns Grocer
company, restraining the board and the
respondent railroad companies from put
ting the new rates into effect, the case
pending in the supreme court being on an
appeal from the Atchiscn court.
The principal issue is between the whole
sale dealers at Missouri river points and
the interior jobbers, but the railroad COM
panies are resisting for the purpose OF
showing that the state board has no power
to fix Il distance rate.
In his decision making the original in
junction permanent Judge Eaton held
that the board of railroad commissioners
had no right to discriminate in favor OF
firms in one part of the state to the detri-
ment of firms engaged IN the same bus!-
ness in another part of the state, aud that
the order of the board reducing the rate
on car load lots, while the rate on less
than lar load let's remained the same, was
unreasonable and unjust.
Three other complaints have been made
by Wichita dealers against the railroads
involving the rates on lumber, coal and
agricultural implements. these items not
being considered in the other controversy.
The board has investigated all the circum-
stances pertaining to the lum ber, coal and
implement schedule, but has deferred
action until a decision could be secured
from the supreme court in the other pro-
ceedlng IG is not probable that they will
take further action in the thTee pending
complaints at this time, as sucn course
would only result in another Injunction.