The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-31
SAYS IT is A HOODO0
Continued from Sixth Page.)

A
against him in the matter of demurrage
| charges.
The commissioners hold that IL the
companies collect demurrage charges az
one point, the rule must be enforced at
| all other points. The road charged Ian
ter for demurrage on lumber ship
ments at Olathe but inflicted no such
| PENALTIES at Kansas City, Kan, or
Kansas City, Mo. The increase of the
cost of a car Of lumber in Olathe by
| reason of the demurrage charges, placed
| dealers at that place at a disadvantage
compared with the Kansas City dealers.
This case has been the subject of
much investigation on the part OF the
commissioners, extended hearing nav
ing been conducted at Olathe and be-
fore the board in this city.
! Last October Mr.. Lanter filed a COM
| rlaint with the commissioners on be-
half of himself and other retail lumber
dealers at Olathe, showing that they
| were compelled by the railroads to pay
81 per car for each day or fraction of
| a day after the expiration of forty-eighI
hours from the time the car was first
placed in the yards.
The complaint Showed that no such
| rule was enforced at Kansas City, and
| further that dealers there were af-
forded ample time in which to unload
| their cars. At Olathe, the complain
| ants allege, forty-eight hours is an I'M
| reasonably short time for the unloading
of a car of lumber. However. the COM
! plainants conceded that 81 per car per
day is not an unreasonable charge,
when made effective at all points alike,
| and The full time in which 10 unload IS
| extended.
The defendants denied that any dis
elimination had been made at Olathe
an insisted that the Missouri river
towns and Olathe are surrounded by
such dissimilar circumstances that a
rule charging demurrage at one point
and not another is not unjustifable
discrimination.
At the Olathe hearing the respondents
admitted that the demurrage charges
were not enforced at Kansas City.
| Counsel for complainant charged that
! the Car Service association, of which
| the Memphis and all other Kansas lines
| are members, is an unlawful association
! organized for the purpose of suppress
| ing competition in freight rates, but the
| commissioners in the decision express
! the opinion that this charge is without
! foundation. With reference to that
point the decision says: THE associa-
does not suppress full and free compe-
tition in the transportation of articles
1t facilitates transportation by seeing
| that the cars are not misSuSed and di-
verted from their intended purpose. The
| charge is not made as part of the cost
of transportation. This has ended. The
common carrier, as such, has perform
ed and fulfilled every obligation incum-
bent upon it by the terms of the con-
tract, and then assumes a different at
titude towards the consignee. The obli-
cation of a common carrier ends and
that of a warehouse-man begins The
charge is for caring for the property
after it has reached its destination.
This arises from that we'll recognized
principle Of law that waste must not
be permitted Of property placed in the
hands of a bailee, even after the terms
of the bailment have been fulfilled. 1t
will not be denied that each individual
read has the right to make the charge
and to establish the regulation for its
enforcement by the appointment of an
agent to collect what is conceded to be
a reasonable charge. The enforcement
of this rule, would not, in the opinion
of the board, make the transaction an
unlawful one or tend to prevent full and
free competition
As to the complaint that forty-eight
hours is insufficient time in which TO
unload a car, the commissioners have
failed to find the decision Of single
inferior or superior court, holding such
rule to be unrea sOnable, and therefore,
are unable to discover any reason why
the present forty-eight houre rule is un-
just and deserving of withdrawal; fur |
ther. that the preponderance of evidence |
on this particular point is clearly in |
favor of the defendants.
The commissioners, however, find |
\
charge at Olathe and not at Kansas |
City is unjust discrimination. The fol- |
lowing conclusions are reached and |
promulgated in the decision:
THAT reasonable demurage rules |
and charges are in the interests of com
merce and the public generally.
'@That forty-eight hours is a reasona-
BILE time in which to load and unload /
cars, and that 81 per day per car, there
after, is a reasonable and proper charge.
THAT the Missouri and Kansas Car
Service association is not an unlawful
combination organized in restraint OF
trade or to suppress competition and is
not in violation Of the provisions of sec
ton 2499, General Statutes 1889.
THAT it is neither unreasonable or
unlawful for the carrier to require pay
ment of car service or demurrage
charges in advance and before the
rights OF the parties have been deter
mined by adjudication.
THAT demurrage or car service rules
and charges should operate equally at
all places on the line of the railroad
them and TO make and collect
such charges at one point and not at an
other is unjustifiable discrimination !
and such as was intended to be prohib-
tied by the legisla ture. CThe Georgia
I |
this regulation with the same ruling)
That the difference in the size Of
shipping points. the volume of business
the facilities for loading,
and caring for merchandise
shipped. or competition. does not Gre
ate such unlike conditions and dissim-
liar circumstances as would justify the
discrimination" In concluding the de-
cisiOn the commissioners say:
When We seek TO apply a remedy I'M |
der the circumstances Of this case. we
are embarrassed. The discrimination
proved comes within the prohibition Of
the statute. The right 70 make and col
leCt such charge Is not given by special !
statute. but by the common law. the
right 70 make such regulation n the in
terests Of the public IS recognized. Dis
Of all kinds IS prohibited by
the statute. Every station in Kansas
IS interested in this controversy. In
view OF the foregoing We hold that de-
rules as adopted by the Mis-
souri, and Kansas Car Service aSSocia-
ton should be put in force az all points
within the jurisdiction OF this board.
and il is so ordered"
REED AND ALLISON MEN CONFER I
rryingto Figure Bow That Man Mckinley ,