The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-11-17

Made Against Wichita and Southern
Eansas-w. Morrison. Chairman OF
the Interstate Commerce Commission
Writes Letter Of Inquiry Declaring the
Case to be of Utmost Importance.
A meeting of the wholesale merch-
ants and shippers was held yesterday
at the city council chamber to con-
slider the freight discrimination made
against the city of Wichita
The primary object Of the meeting
was to make arrangements to furn-
tsh evidence and counsel for the pend
ing suit now in the United States dis
trict court, and which will be brought
I'D before Judge Williams, it is thought
ut the extra term.
II anythtngwiIl stir up a Wichita man
to the boiling point, 1t is mention OF
the outrageous discrimin ton made not
only against Wichita, but the entire
southwest That business men, as
well as all others should be interested
In such subjects it is only necessary
30 mention few instances, and all
oan appreciate why the interest mani
tested IS so great. The rate on sugar
from the south, as shown by the sworn
Testimony of the railroad company is
50 cents per hundred pounds 10 Wich-
tia: Yates Center A cents; Kansas City
30 cents This is in direct violation of
the rulings of the United States rail-
road commission, which decided that a
higher rate could not he charged inter
mediate points than are charged at
terminals. 1t will be seen by the above
a
cents higher than IL Is at Kansas City
1873 miles longer haul Again that the
distance from Yates Center to Kansas
City is much greater than from Yates
Center to Wichita, still the rate to this
City ds 20 cents higher than to the Mis-
souri, river point. In grain the discrep-
ancy is even greater than on sugar:
From Kansas City to Galveston, or
Texas points the rate is 20 cents per
hundred, while from Wichita and neigh
boring stations the rate TO the same
points is from 80 to 80 cents. In other
words the railroad companies haul the
grain $50 miles less distance to south
ern markets, but charge from II to 10
cents more per hundred. The discrim-
ination in relation to coal IS even great
er than those already stated.
The agitation of railroad rates is
subject which has long been discussed
but still the city and surrounding coun-
try have had no relief, but the ruling of
Judge Williams, and the suit now pen
ding promises such relief.
The following is a review Of the case
up TO the present time:
In August 1892 correspondence was
commenced with the Interstate COM
rnerce commit ssion by u Howard. rep
resenting a body of shippers OF Wichita
The result was that James W. McDil
one Of the commissioners visited this
city and took considerable testimony
relative TO the rates complained of.
While here, in a converse ton with
Mr.. Howard the question Of ways and
means 10 enforce the law was gone over
very fully and from correspondence at
hand IL seems that Howard pressed
the question Of the authority of the
commission to proceed direct by suit
in the United States court TO enforce
all freight violations Considerable
correspondence was carried on in re-
lation thereto with the result that the
suit was brought entitled:
The United States OF America, VS..
The Missouri Pacific Railroad company.
The petition was filed July &c, 1898.
by ]. W. Ady. United States attorney
and ]. E. Howard of counsel fully set
ing forth a rank discrimination in fav-
or of Omaha against Wichita
1t was alleged in the petition that
Wichita and Omaha are both located
on the Missouri Pacific railroad, and
that while Wichita is a less distance
from the city of st. Louis, yet the
freight tariff rate to Wichita rs greatly
In excess of the rate given to Omaha
To this petition the railroad company
filed a demurrer. which was argued be-
fore Judge Williams who after several
weeks spent in examining authorities
rendered "a lengthy decision overruling
the demurrer of the railroad company
Judge Williams decision was published
in full by the Eagle at the time II was
given.
This forced the railroad company
to plead 10 the action, and at the end
of s ~ days the Missouri Pacific, by
ITS attorneys filed their answer. which
consisted of thirteen pages of type
written manifold.
The case has not come UP for trial
thus far. and a letter was written TO
the interstate commerce commission
asking that they use a portion of the
regular appropriation in employing as
ststant counsel to assist United States
Attorney Perry in the prosecution of
the case in court. To this letter the
following was received by ]. z. How.
ard of the Union Milling company:
Interstate Commerce Commission,
Washington. Nov. II.
Dear Sir:-AS hong as December 10th,
1894, You wrote the commission con-
corning the case of the United States
Us. The Missouri Pacific Railway COM
pany then and still pending in the
Kansas United States district court
stating the status of the case at that
time. In his life time. Commissioner
McDiA had special charge OF this mat
ter. Afterwards, correspondence in
reference ito it was conducted by the
secretary Of the commission. On a
recent examination of the correspond
ence, we do not find that your letter
was replied to. The department OF
justice has always declined TO provide
counsel except in cases where the COM
mission paid the fees out of its appro-
priaticn and the appropriations were
80 meagre as TO prevent the commits
sion from employing counsel except
In very few cases involving its con-
stftutionality or vital provisions OF the
kct. This case against the Missouri
Pacific we regard as OF paramount i'm
portance involving as ii does the right
10 sue directly in tle courts without
the circumlocution Of a long investigs-
ton and finding by the commission and
afterwards going to the courts