The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-04-10
.CATTLEMEN JUBlLANT.
They Win a Victory Before the
Railroad Commission.
The Old Rate to Be Restored
April 20.
Decision as Delivered by Joseph G.
Lowe-Conclusion Of the
Proceedings.

me WISH OA AAAE LG4ALACAAACAA VI AAe@AA7e-s
to Topeka for their hearing before the
railroad commission was not a futile
one Their point was gained and on
and after April 20 the old carload rate
for transportation of cattle to market
viii be in force and will continue until
the railway commission and the var
iOus roads doing business in Kansas
can agree upon a proper freight tar
if based upon the hundred weight
rate.
such was the decision of the railway
commission late yesterday afternoon
The decision was unanimous one and
was delivered orally by Chairman
Joseph G. Lowe. In rendering his de-
cision Judge Lowe said.
I'm the consideration of this case
there are two propositions. First
Whether the old rate of so many dol
lars per car was proper or whether the
hundred weight rate is fair and equi-
table. SecOnd-Whether or not the
freight has been increased under the
new rate, and if so, whether it is un-
fair unjust and uneQuitable-
I'm answer to the first the board is
of the opinion, individually and as
whole that the hundred weight is the
fairest and best way, and that the
shipper should pay cents per hunufed
weight The board reserves, however,
the right to change this opinion.
THE second proposition We are IN
able to answer at the present time
Tt is a matter of great import and
time must be given for an examina-
ton of all the statements and papers
offered in evidence. There can be no
question. though, that the price of
transportation has been raised, and the
board viii fully consider the PROPOSE
ton. deciding at as early date as
possible.
I'm the meantime 1t Is ordered that
the old rate be restored pending an
agreement between the board and the
different roads upon proper and
equitable schedule"
The date set for the going into effect
of the old rate was first fixed at April
IS by Judge Lowe. but the railroad at
tOrneys Immediately protested on the
ground that there would not be proper
length of time to rearrange the old tar
if 1t was also stated by the railroad
attorneys that the decision might con-
hict with Interstate commerce com
mission laws and tariffs. To this OBJ
lection, Chairman Lowe, replied that
the board would be responsible for
that
The cattIemen consider this a great
victory and are jubilant over the re-
suit of their fight. That the matter viii
be finally and definitely settled in their
favor, they do not express the slightest
doubt.
The railroads yesterday afternoon
concluded their testimony by fntroduc-
ing C. r. Hudson. assistant general
freight agent for the Santa Fe west of
the Mississippi river Mr.. Hudson's
testimony was mainly to show there
had been no increase in the freight
rates under the new rate, but he ad-
mitted on cross-examination there had
been some increase in certain cases
In ss-examination, Captain Waters
and Attorney Benefel attempted time
after time to have the witness answer
what the capacity of a 36-foot car was.
but evasive answers were always re-
ceived.
The following questions and answers
passed between the various cattlemen's
attorneys and the witness: By Attor-
ney Waters;
Il ask regarding the capacity for fat
cattle in 36-foot cars"
You will find it in Statements
You have all kinds of cattle in that
statement-lOng horn, short horn. no
horn, Pooled Angus. fat cattle. lean cat
tie and every kind OF cattle. am talk
ing of fat CATTLE
II should say from $1,000 to "a. 900
pounds could be carried in a s6-foot
car"
IT'S It not true that the establishing
of the weighing association had some
object upon the changing Of tariff?"
Then you went along smoothly for
thirteen years under the old tariff and
then woke UP one morning to the fact
you were discriminating against the
small shippers 90
1--WE thought we were discriminating,
yes sir
BY Mr.. Kelley: "Can you tell the diff
ference. Mr.. Hudson, between the car
rying capacity of a 84-foot car and a
36-foOt carp
That" here interposed Captain Wat
ers, 'is under the domain OF God AL
mighty, himself"
The remark Of Captain Waters was
on account Of his having failed repeat
eddy to secure anything but an evasive
answer to his questions as they would
never give a satisfactory answer.
After the testimony Of Mr.. Hudson.
the railroads rested, and the cattlemen
/ introducing II. B. Miller of Usage City
for short time, also rested their case.
/ Attorney Waters for the cattIemen then
! expressed his willingness to submit the
case without argument and after some
/ discussion, the railroads signifed they
would do the same.
! Then came the decision, and after
/ that the atulations. Thus ended
for the time being. the fight Of the cat
/ tlemen of Kansas.