Omaha daily bee., 1900-01-23
HEARING OF THE RATE CASE
Secretaries of the Board OF ira"s-
portntion Fix on February o-Ihe
Burlington's Answer.

LINCOLN, Jan. 22.-lSpeClal. IL ne seS-
retaries OF the State Board of Transporta-
ton have fixed the hearing OF the 1--we
stock rate case for February at 10 a. m.
In their petitions the railroads allese tnat
there is no official record that the order
OF 1897 restoring carload rates, was ever
served on any one of the companies. Sec
retary Laws said today that he did not un-
derstand why service of the order was not
recorded on the books in his office. The
contention is one which cannot be evaded
and the state would probably lose any
claim it might have against the companies
IL their allegations are proved. The various
railroads which come under the order set
up practically the same defense. The an
swer of the Burlington railroad is as fol-
! lows:
l. The alleged order was not lawfully is
| sued by the board and the matter in ques-
| ton never received It's lnVeslSdtioN anu
q The matter alleged to have been con-
siGerod was never complained OF In Nhe ac-
g. T,he matter Is not one that can law
| fully or properly be considered by the ooaru.
L. The board is without right or power TO
designate the process of manner by winch
| rates or compensation TO common carriers
wi',1in the state can be charged or collected.
| ( There was no Jurisdiction in the board
| to investigate the subject matter set forth
| in said alleged order and 1t was without
| g. There are no findings of fact either by
| the board or it's secretaries that under any
! consideration would warrant or justify the
!. the aliegei order that the board through
| its secreta ries and by itself, as matter OF
| racl, found unat live stock shipments should
| be charged at rate per 100 p5unds and
that the method of charge and collection
was mere equitable than the carload rate.
| S The existing method of moving Ccm-
modlties in the United States Is by carload,
except live stock and are charged for by
| grain. DC, While carried by carload lots.
are charged by cents per 100 pounds: In all
parts Of the United States. except Kansas, i1;a,
! and hogs, while carried in carload lots, are
charged in cents per 100 pounds and this
the just ut and proper one. ,--...
! 9. BY the adjudic amon of the Interstate tie
Commerce commission of the United states
and by the findings and determination of
every state board of transportation In the
United States tnau has considered the ques-
charge therefor by weight - nelo 10 ne
jus. and equitable and appears the most
economical for the shipper ana the carrier.
TO- Eten in the territory where some year
past live stock has heen charged for by
the ,catload the tribunals that nave consid-
cred tse question have aejarea lar nd cnaS aoI Ihe
able he state Roard Of Transportation Of
Nebraba so declares, even In the order
served on this company on the llth day OF
IL The United States Commerce commits
sion declared, after full investis tion, that
the charge for moving live cattle in ear.
leads was more in proportion to the service
rendered and more just wnen the, charge
was made by weight and not by carload.
Il. No injustice, inequality or discTimina'
ton Is caused by the method Of charging
by cents per 100 pounds for transporting
10 do away with and to avoid SUCH evils
that this system was adopted by this com
pany and other railroads of this country.
l3 Frequently under the old system ship
pers would o2verload cars to save the differ
, ocnvenieEce and damage 10 tAe Shippers al
well as t. the carrier, resulting in large aHC
frequent claims upon the. carrier from ship
Is well as from those not IN fault.
Il. Another :orm OF, G.scrimlnatlon IN
aVolGablc under the cd me Ilol OF charging
, was that the shipper of large fatted cattl,
would have a great adNan age over the snip
per Of lighter cacIe, in ,nat he coudd iry'
uuently load from onc-halt mOIe 10 double
the weight o. cattle in the same car
l5 Until recent years stock cars were o
smaller capacity rhan they are row, BON:
lot longer than twenty-eisht feet and 6 II
mated 10 properly carry 1000 pounds o
cattle. Cars OF, ,froIn twenty-eght 70 fort!
feet are generally in use now on this road
. ! VITA tho result that much greater load
/ can be Carried in tho longer cars and iron
such conditions unavoidable discrimination
Is, Under the old system no remedy ex
tsted fJr mis- evil and TO correct it the plai
cf charge by the Eundred pouEIs Wa
adopted ard all inducement to the pract!e
OF abuses 50 frequent under the Old meth1,
Il. No Increase Of live stock rates was in
tended or, in fact, made ty the change o
netrois The present rates are reas enable
Just and fair and d not discriminate 10
nor against any person, place or com
muni.y
IS. II is true that i is impossible to ad
just the rates charged for hauling liy
stcCk by making a horizontal cut as tn
nndings Of the secretaries show.
lS, In fixing IFS rates for hauling liv
stock by cents rer hundred this company 4
only doing that which the secretaries o
the hard have found to be equitable "a
between the shippers and the carrier and
between the shippers themselves: AHi tha
II ~ iEf oss.ble for this comp any 10 conpl,
with the purrorted order of rho alleged flnd
ings Cf the secre, aries for the reason Iha
suCh order directs this company To do tina
which in the findings is determined to b
inequitable and therefore unjust.
DIsnnnenrs. LenNinE MnnN nehIa