The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-13
GONE TO THE JURY
DID MISSOURI PACIFIC DISORIMI-
NATE AGAINST WICHITA.

Verdict of the Jury Returned-Lawyers
| Thinks the Railroad Will Gain the Case
Judge Reed Decides that the Commits
sioners Did Not Fix Rates but Intended
| to Prohibit IIiscriminat ion--Relative of
Honest Abe Lincoln Fixed Rates for
wichita.
| The railroad casec commenced in the
district court, an account of which was
given in yesterday mornings Eagle, &C.
cupied the court all day yesterday and
was given to the jury in the evening
| with instructions to deliver a sealed
| verdict
The verdict was returned last night
but the result will not be known until
| cout conveneS today.
Lawyers who heard the arguments
| in the case as well as the courts in
| structions were of the opinion that the
| Missouri Pacific would gain the case.
Mr.. Reach of Reach e Dubois man
| aged the case pretty well and made a
strong fight for his clients. but Mr.
Richards is thoroughly posted on the
| laws as they relate 10 railroads and he
made an equally strong defense.
Mr.. Reach made his strong fight to
| show that the railroad commissioners
had made fixed rate for Wichita.
| while Mr. Richards claimed that the
ruling in the Wichita case was only in
| tended to prevent determinations
| against Wichita and the point decided
by the commissioners was that parties
| shipping live stock into Wichita We're
! entitled TO the same rate shippers
! like distance got to Missouri river
points.
Mir. Reach made a VIGOROUS fight TO
get the following from the commits
| sioners decision in the Wichita case
| submitted to the jury:
The rates on live stock or cattle and
| hogs shipped to the Missouri river from
| stations in Kansas and TO Wichita
| were as follows:
| To Wichita for a distance of twenty
| miles per car. i
| To Missouri rive for a distance of
| twenty miles per car....-......... 10
| To Wichita for a distance of forty
/ miles per car. ACKNOWLEDGEMENTS. Is
To Missouri river for a distance of
forty miles per car.-..-..-....-... Is
| To Wichita for a distance of fifty
miles per car. Is
! To Missouri River for a distance of
fiftl miles per car................. u
| To Wichita for a distance of seven
ty miles per Observation-Disclosures. 80
| To Missouri river for a diastance of
! seventy miles per car........ Is
Mr.. Reach very adroitly claimed
that by naming the rates the railroad
/ commissioners had fixed what the Mis-
souri, river rates We're at that time and
/ by Implication had reduced the rates
| into Wichita.
Mr. Richards saw if the case went
to the jury that way his case was lost
and he claimed that the portion of the
/ decision which Mr.. Reach wanted to
submit to the jury was not the decis-
ion at all but only statement ofw hat
the commissioners conceived to be facts
as a basis for their decision. Judge
Reed decided in favor of the railroad
attorneys on this point and held that
the commissioners only intended to
prevent discrimination against Wich
ita.
Then under that ruling the real point
at issue was narrowed down To Wheth-
er the Missouri Pacific had charged the
! Andale shippers more on stock from
Andale to Wichita than il charged for
n ike distance into Missouri river
points from Kansas points.
The defense put J. e. Lincoln on the
stand. Mr.. Lincoln held a map up be
fore the jury and explained how their
road ran for u long distance along the
Missouri river and did not run directly
to the river and cross as did some Of
the other roads. His testimony in
substance was as follows:
My name is J. 9. Lincoln. I am as
sistant general freight agent OF the
Missouri Pacific railroad. The map
which I showed to the jury is the Off
cial railroad map Of this state sent us
by the railroad commissioners.
4 have had a number Of years ex-
pcrience as freight agent and attended
several meetings with agents of other
roads at which the railroad commits
SioneTs of Kansas were present. We
were trying to fix rates in harmony
with this decision of the commissioners
The commissioners offered no objection
to the rate. / have been with the Mis-
souri, Pacific railroad since 1883.
Il am familiar with our road and
this map of the commissioners is cor
rect as to location of road and sta
tions. We use it making rates. As
such assistant general freight agent
/ am familiar with the order of the
Kansas railroad commissioners in
question. I was present in Topeka
when the case was argued before the
commissioners.
Il issued the tariff sheet making
rates into Wichita and aimed to make
il the same as rates from Kansas 10
the Missouri river.
These tariff sheets show that the
rate on cattle and hogs from Andale
TO Wichita per standard car is 81. The
rate is 8 cents per 100 pounds on cattle
and cents per hundred pounds on
hogs. This makes the rate on a stand
ard car $l2 These rates when adopted
We're sent TO the railroad commissioners.
The distance from Andale 10 Wichita
is nearly twenty miles and our tariff
sheets show the same rate 70 Mis-
sorui rive points for a like distance.
From Pierce Junction to Atchison is
nineteen miles and our rate is Sl2 per
standard car Nuscota to Atchison is
twenty-five miles and the rate per
standard car is Sl3.
There are no other points on our road
coming near the Andale distance from
the Missouri river The way We figure
rates the rate from MusCota TO AtCh-
ison. which is SIS, is the same as S12
from AudaIe to Wichita
In his cross examination Mr.. Lincoln
said: The rate on live stock was $l2
per standard car from Andale 70
Wichita before this order in question
was made by the railroad commits
sioners. We did not change il after
the decision.
The controlling factor in fixing rates
in Kansas is the order OF the railroad
commissioners. Ne think that this
order of the commissioners allows a
maximum rate OF So a car for twenty
miles"