Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-29
NO HIGHER CHARGE FOR LESSER
DISTANCE ALLOWED.
ROADS MUST NOT DISCRIMINATE
IMPORTANT RULING OF STATE RAIL-
ROAD COMMISSIONERS.
A Point Never Before Passed Upon in
This State Was Decided Yestcr-
day-ROck Islands COnten-
ton of Justification
Not Sustained.

Jefferson CITY, NO., JAN -o.-l u -iisSouii
state board of railroad and warehouse COM
missioners to-day passed upon a point
never before decided in this state. ruling
that the Rock Island railroad could not
legally charge more for grain and mill
products from Edserton to Kansas City and
st. Joseph than it at the same time charged
from Dearborn to Kansas City, and from
| Plattsburg to St. Joseph, the first distance
being nine. and the latter twelve miles
| greater than from Edgerton. The COM
plainant was Is. A. Hughes, and in its de-
cision the commission says:
THE defendant admits the lesser charge
| for the greater distance. as complained of
by plaintiff, but claims a difference in eX-
listing circumstances and conditions as suf-
ticient Justification for its action.
There being no controversy as to the
fact of the lesser charge for the greater
distance. the question TO be considered is
whether the circumstances and conditions
under which the alleged determinations
were made warranted the lower rates COM
planned of.
Section y. article u of the constitution
of Missouri declares that il shall be unlaw-
full for any railroad company to charge for
freight or passengers Il greater amount for
the transportation of the same for a less
distance than the amount charged for any
greater distance, and the general assembly
is required to pass suitable laws for the en-
Iorcement of this provision.
NO exceptions whatever are made. only
that excursions and communication tickets
may be issued at special rates. In 1872,
prior to the ado, ton of the existing con-
Stitution of the SITE. the general assembly
enacted a law ~(section 2629 revised statutes
Missouri, 1850. providing that no railroad
company shall directly or indirectly charge
or collect for the transportation of freights
for any distance any greater amount of
compensation than is charged or collected
for the transportation of similar quantities
of the same class of freights over a greater
distance upon the same road; and further.
that no railroad company shall charge or
~ fny. t1n ftD t.,An 49, ., iA, - civ,
liar quantities of freight over any portions
of the road than shall be charged or col
lected for the transportation of, similar
quantities of like classes of freights over
another portion of the road of equal dis
lance.
fore quoted, there are no exceptions in
the foregoing as regards the charges for
the transportation of freights. The gen.
eral assemblies elected subsequent to the
adoption lin 1870 of the existing consti-
tuition. have not enacted laws as required
by section u. article u. before mentioned.
t. enforce literally the provisions CT said
sections.
THE general assembly elected in 1856.
in extra session during the summer of
1887, enacted a law approved July ). 1870.
section 4 of which now section 26Sl r. S.
MOI provides as follows: 1t shall be I'M
lawful for any such Common carriers to
charge or receive any greater compensa-
ton in the aggregate for the Transports
ton of like kinds of property under SINH
lar circumstances and conditions, for a
shorter than for a longer distance. over
the same line in the same direction The
constitution must necessarily follow the
law as enacted by the general assembly
and cannot take it upon themselves to en-
force a constitutional provision. TO such
authority being preferred upon them.
They therefore have considered the
matter in question in the light Of the cir
cumstances and conditions governing. in
accordance with the requirements of the
act of July ). 1897. The defendant COM
pany operates its own line from Platts-
to Cameron Junction. from which point.
under the terms of n lease for the Hanni-
bal & ST. Joseph railroad. it's trains are
company, to Kansas City.
I'm either movement the trains of the
Chicago. Rock Island & Pacific Railway
at which the shipments of plaintiff origi-
mated; A t Plattsburg the Chicago, Rock
Island & Pacific railway is compelled to
ness. and at Dearborn with the Chicago
Great Western for its Kansas City bust
'The distance from PlattsburE to St. 10
| seph via the Atchison. Topeka & Santa Fe
| cago, Rock Island & Pacific is fifty-four
miles. From Dearborn to Kansas City via
the thheecsc h fi c Great m Mes'S Wbi,a lip ne the the S aff-
cage. Rock island & Pacific line 1t is sew
enty-siX miles,
named the Chicago. Rock Island & Pacific
| Eaust necessarily adopt the rates in force
on the shorter lines; Competition requires
this. and is the only plea which can be
made in justification of the lesser charge
for the greater distance in this case. Inc
plaintiff complains or the rates SaasyoGd h2 f T q
| like transportation over the same line on
similar commodities for a longer distance.
He sees commodities. for the tranSporta,
ton of which to Kansas City he is charged
IL cents per 100 pounds in one Instance.
| hauled through Edgerton from Dearborn
- Tv..,n- Iity- a distance nf nina miles
greater. for I cents per 100 pounds; in an
| other instance he sees the same commodi-
.JJosonh he is charged 9 cents per 100 pounds.
hauled through Edgerton from Plattsburg
to St. Joseph. a distance OF Twelve miles
greater. for 8 cents per 100 mounds.
e."The conditions under which these ship
ments of grain and mill products are made
a at PIattsburg, Edgerton and Dearborn. As
the board understands It. the volume OF
business is in favor of the Edgerton ship
anu entirely within the stats The board a
| does not presume that the CHICAGO: ROCK
Island & Pacific railway put IN rates Tor
the transportation of grain and mill prod
nets from Plattsburg to Dearborn merely
for the sake of securing traffic the trans
portation of which muSt "nta nar a loo mounds
for the transportation of grain and mill
products fifty-four miles is reasonaois.
then the charge of 3 cents per lo pounus
is unreasonably high, and so If cents
ner I0 hounds for the transportation of
some commodities n distance OF seventy
six miles is reasonable. then the charge of
II cents per 100 pounds siXty-four miles on
same Is urreasonably high. The transpor-
tation in either case is over the same line
and in the same direction. The board is
of the opinion that Dearborn and Platts-
hurr does not constitute a sufficient diff
ference in circumstances and conditions as
intended by law. to warrant the lesser
charge for the greater distance In TINS case.
In the Judgment OF the board there is moth
it.
tiff and do hereby order that within thir-
tv DAYS after the date hereof the Chicago.
Rock Island & Pacific Railroad Company
nav. or cause TO be paid. to =. A. Hughes,
plaintiff in this case. the sun OF Sl2s.99, be-
ing the difference in rates per 100 pounds
paid by said plaintiff to the said railway
company on sundry shipments of grain and
mill products from Edgerton to Kansas
CITY and ST. Joseph from July Is. 1896. to
November q. 1897. inclusive: and rates per
100 pounds az during the same time We're
in effect on similar commodities shipped
from Dearborn to Kansas City. and from
Plattshurg to ST. Joseph. all as shown in
detailed statements: and also that the
Chicago. Rock Island & Pacific Railway
Company without delay correct its rates,
and tariffs so that hereafter no higher
rates will he charged or collected on COM
points on its line in Missouri than are at
the same time charged and collected on
similar commodities to like destinations for
greater distances over its said line
New Orleans & City.
Oklahoma City. o. T. Jan. 2S.-(Special.)
Yesterday a railroad company to he known