The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-11
WILL TAKE A HAND
INTERSTATE COMMERCE COMMIS.
SION IS INTERESTED.

While the United States District Court is
Getting Ready for the Game of Freeze
Out Next Month the President of the
Commission Calls for a Hand and Says
He VIII See Which is the biggest, This
Government or the Railroads it has
Created-The Fight Against the Mis-
souri, Pacificion Rate Discrimination.
The Eagle this morning will carry
the joyful news 10 all true wichitans
that the United States commerce com
mission has Joined hands with wich-
tia in an effort TO see that just freight
rates are secured.
As is well known the case which has
been pending in the United States dis
trict court against the Missouri Pacific
railroad for the discrimination of the
freight rates between this city and St
Louis, and between Omaha and ST.
Louis, will be brought up at the next
term OF court which convenes on March
9Th.
This is the celebrated case in which
Judge Williams overruled the demur-
rer filed 10 the petition in a lengthy
opinion which was printed in the Eagle
at the time, and so favorably spoken
of by the entire legal profession.
This forced the case 10 trial upon its
merits, and the defendant, the railroad
by its attorneys fled a thirteen PACED
typewriter answer.
The whole case hinges upon the prop
osition whether or not the same road
can charge almost double rate between
st. Louis and Wichita, 10 what they
charge between St. Louis and Omaha,
the distance being greater 10 Omaha
than 10 Wichita.
There was a move to try and secure
the aid OF the interstate COM
merce commission TO assist the city in
the case, and the following letter re-
ceived yesterday by Mr.. j. Z. Howard
Of the Union mills. who has followed
this case from its incipiency. The
letter reads as follows:
Interstate Commerce Commission.
Washington. February g. 1896
J. +. Howard, Esq. Wichita, Kansas.
Dear Sir:-Yours written as long ago
as November goth, last, respecting
freight rates, and more especially rela-
ting to the case of the United States
VS.. Missouri Pacific Railway Co.. pen
ding in the United States court in
Kansas, was duly received.
The limited appropriations made for
carrying into effect the act 10 regulate
commerce by the commission leaves us
without the necessary funds for en-
ploying additional or assistant counsel.
As you probably know, il is made the
duty OF the United States district at
tOrney TO appear and prosecute in all
cases Instituted at the instance of the
interstate commerce commission. Still.
we have used the funds within our con-
troll to secure assistants to aid the
United States attorney in very import
ant cases, and we have, in view OF sug-
gestions from yourself and others be-
cause Of our idea of the Importance of
this case, authorized Mr.. Perry. the
district attorney, to employ an assist
ant at our expense to aid him in pre-
pairing and hearing the case in the
Kansas court; also in taking testimony
and we have agreed to pay more than
either of the sums mentioned by you,
leaving the selection Of the assistant
to Mr.. Perry's discretion. Respectful
ly yours, w. r. MORRISON,
Chairman.
1t Is said to be a fact that notwith-
standing that the state railroad COM
mission has given a rate on coal to
Wichita that the railroads pay no heed
10 the order and % cents excess is
charged upon every ton of coal brought
to this city, and that an injunction case
will be brought 10 compel obedience Of
the order in court.
There is not a town. city or village
in southern Kansas or Oklahoma but
what is interested in the outcome Of
this suit and all should rejoice that at
last the interstate comerce commission
has Joined hands with the Wichita peo-
pie in seeing that justice IS done, and
that the railroads are forced 10 obey.
1T should be the work Of the COM
mercial club" said a shipper last night
TO an Eagle reporter ''tO see that evil
dence is forthcoming. i am really glad
that the railroads have cOnspired 70
steal last years crop Of corn. II has
had the effect Of driving corn out OF
the market, but the outrageous steal
will arouse the people 70 action and
when once aroused they will act.
am glad 10 hear that the interstate
commerce commission have taken a
hand in the deal. This looks like bus
mess"
Mr. Smith Menefee. living Just west
Of the city. drove 10 a literary exercise