The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-01-11
COMMISSIONERS VS.. RAILWAYS.
The Hearing OF the Case to be Set in the
Supreme Court Today.

The case of the Board of Railway Con
missioners of the State of Kansas, ct al
plaintiffs in error. VS.. The Symns Groci
Company. ct al, defendants in error errC
to Atehison county. will be called in ii
supreme court today, and set down fC
oral argument.
This case is Of vast importance 10 all tn
| interior jObbers of the state OF Kansas, an
| while ostensibly brought by the Symu
Gro er company. a jobbing corporation {
Atchison, it is virtually suit BY the raj
way companies TO maintain their presen
| rates, and with the decision OF this cas-
/ will largely be settled the matter Of dis
! elimination in freight rates as betweel
/ Missouri river points and the interio
! cities of Kansas where q jobbing bushes
! is carried on.
The history Of the case, a
! laid down in the brief o
Edwin White Moore of this city and 7
L. Carver, the attorneys for the plaintiff
in error, is as follows: In July, 1891, til,
Wichita Wholesale Grocer company, tn,
Hutchinson Wholesale Grocer company
the II. d. Lee Mercantile company O
Salina and the Ranuey-Aiton Wholesale
Grocer company of Arkansas City, made
complaint to the board OF railway com
m>sioners of the state OF Kansas. that the
rates charged by the railway compan les,
defendants in error, upon certain kinds oil
merchandise in the state of Kansas were
excessive and placed the compiainants al
a disadvantage in competition with deal
ers in the same merchandise, ia Kansas
g I
souri,, and sought from said board find
ing that said rates were unreasonable aud
that a reduction should be made A near
ing was had upon said complaint
by the commissioners in Sep
TENDER, 1891. A full investigation of the
facts were made and after four months
consideration Il decision was rendered by
the board on Jan. 6, 1892 TO the effect that
the rates complained of were excessive and
should be reduced on and after Feb. 10,
le92 10y said railway companies upon all
articles included in the fifth class. The
railway companies upon the PRONUNCIATION
OF said order. applied to the board OF rail
way commissioners for rehearing, and in
their petition asked that such a modifica-
ton of the order be made as should sub
stantialiy accomplish the object sought to
be attained and at the same time not re-
suit in the great financial loss which they
would result TO the railways If
the order WAS carried out.
The board granted u rehearing which
was set for Feb s, 1892 On the day named
all the parties appeared before the board
and stated that the railway companies had
agreed to make certain concessions IN rates,
in lieu of the order made by the board on
Jan. 6, 1892, which the compliments were
willing 10 accept and forego any action by
The board. This agreement between the
railway companies and the compiainauts
became known as the ''compromlse agree
meut." The substantial effect of this COM
promise agreement was TO take out of the
fifth class the articles OF sugar, coffee,
beans and canned goods and give them a
commodity rate. The board thereupon
made an order on Feb 9, 1899, suspending
he previous orde: of Jan. T. until March |,
S92, the date fixed by the parties for put
ing the compromise agreement into effect,
md the further action OF the be I'd was
held TO await the action OF the railway
companies pursuant to the compromise
agreement. All of the railway companies
excepting one issued rate sheets in con-
ormity with the agreement. Subsequent
y, all of the railroad companies interested.
the Atchison, Topeka & Santa
e road, rescinded their action with refer
nee TO the agreement, giving As their rea-
on therefor that they had been forbidden
o carry 1t out By the association of rail
way companies at Chicago. The board, (
hereupon, on March 9th, 1892 made the
rider complained of in the petition The |
asst mentioned order, while acting only /
pom rates on merchandise shipped from /
oints within the State OF Kansas, was de- /
lgned to give 10 the compliments, the /
Interior Jobbers, relief to the same extent 4
hat the compromise agreement would /
ave given, if put liz force by the railway /
ompanles. The language of the order is
5 follows; The commission finds. de-
des and orders that, on March II n, 1892,
he rate on sugar in CARLOAD lots from Fort
colt, Kansas City, L-aveuworth and
-tchison shall be - cents per hundred
onnds; aud that in place OF the order OF
anuary 9th, 1892, reducing the rates on
ne fifth class, a commodity rate shall take
fect and be III force from aud after March
18th, 1892. on canned goods, coffee and
eaus, in carload lots, of - cents TO Saliua,
cents TO Hutchinson aud Wichita, and =
-nts TO Arkansas City.
This order took the place Of the previous
der of Jan. q 1892, and embodied the
nal action Of the board, and is the sub
ct of the present controversy. The
-ticles Of merchandise named in the
der of the board OF March ), 1892, were
ken out Of the hfJh class, ia which the '
I'd been included. by the railway com.
inIes themselves, IN the comprorni se (
sreemeut, prior to the making OF this
der, and placed ia the list Of com.
ODDITIES, subject TO special rates The Z
'ard in giving them commodity rates
.cepted this special class dcaGioa OF the ,
i.way companies.
pom the PRONUNCIATION Of the order OF
arch s. ls92, the Synns Grocer company,
corporation. engaged N business a. Z
beers az Atchison, Kan. ia the afore- Z
~ articles Of sugar, coffee beans aud (
nued goods, FOR Itself and for all others {
niiariy situated. brought the present }
tion. praying as the hnal relief an iu- I
action restraIu;n. the board Of railroad =
mmissioners and the railroad companies =
med a. defendants n the PETITION from
it,lag lto effect the rates mentioned IL
= order A temporary injunction Wa
aatec 5y The court March A.. IsJ3. SiJ1- RI
Z notice 10 tHe defendants. Shortly 4,
GREATER the Interior l05beVs were made =,
rites Defendant ard Bied taelr aus ~er. +,
4 HlOiloa 20 dissolve tn temporary Isl !,
notion was made Uy the board 81 rail g..
= commissioners ala lhs ialerior Job q
- uPou the following zrozsGs. 81 lAst r,
Z court had so Jurisdiction 10 entertain =
d action, g. IHst tae annotated petition p
~ u said action I'D not STATE facts suf- :,
uut e coGstiJule . c4Gse y acs5or. -. p
IL me = 10. H. IN "a - .-,.-.a-..