The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-12

The district court was occupied yes
terday with a case that Will be watched
with d good deal of interest. 1T is a
case in which T. a Townsend is plant
iff and the Missouri Pacific railroad IS
defendant. 1t is understood that this
is test case and if Mr.. Townsend gains
it Others will be commenced against
the railroads
The plaintiff in this case sets up for
cause of action that in the spring OF
1892 he shipped several car loads Of
hogs and cattle from Andale To Wichita
and that the Missouri Pacific charged
him S12 per car load, which was two
dollars per car more than the rate
fixed by the railroad commissioners.
The ease was brought to enforce
what is called the Wichita rate. In
this case the railroad commissioners
did not hx a rate from Andale TO Wich-
ita but they ordered that no more
should be charged for live stock from
any point in this state than is charged
for like distances to Missouri river
points.
The plaintiff claims that the distance
from Andaje to Wichita is twenty
miles and that from stations twenty
miles from Kansas City the Missouri
and that the different roads violated
the order of the railroad commission
erS when il charged him 81 per car
from Andale to Wichita.
Reach & Du Bois represent the
plaintiff and the Missouri Pacific's at
torneyS are j. II. Richards Of Fort
Scott, G l.. Benton, j. e. Lincoln, Il
relative of Honest Old Abe, ana Assist
ant General Freight agent for the Mis-
souri, Pacific, is also present in court.
The jury was selected yesterday at
noon, and most of the afternoon was
taken up in stating the case and ar
ranging the prelimInaries. Mr.. Rich
ards, on behalf of the Missouri Pacific
admitted that the plaintiff had shipped
the stock and that the road had charg-
ed Sl2 per cal load from Andale TO
Wichita and that the railroad COM
missioners had made the ruling claim
ed by the plaintiff, but he denied that
the defendant road had violated the
order of the railroad commissioners.
Judge Reed seemed to have stated
the real point in dispute when he said
II would devOlVe upon the plaintiff TO
show that the Missouri Pacific had
shipped live stock into some Missouri
river point for $40 and that is what
Messrs. Reach * Du Bots will try TO
prove today.
Mr.. Richards told a reporter for the
Eagle yesterday that his company
wanted to obey the orders of the rail-
road commissioners.
Some people" he said, Imagine
that ii is a very easy thing to regulate
railroad rates but that is where they
are mistaken. This thing of properly
adjusting rates is science. 1t is the
growth of years and is gradually
brought about as business is built up
and expands.
Yes, take any one article and people
viii say the railroads ought TO ship il
from a given point 10 another for a GER
tain sum of money, and the proposition
may look reasonable on its face. bat
when you come to examine the matter
III all its bearings there are other in
tereSts effected that you never before
thought of.
''Ail these things the railroads have
to contend with. We give a favorable
tate and We tramp on somebody's toes
over there. Railroads as rule want
TO do the right thing if they can find
out what that is.
That is all right. but the question is
did the Missouri Pacific charge the An
dale shipper more money than il
charges shippers twenty miles from the
Missouri river?