The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-11
TWO : DOLLAR SUIT
Waging Warmly in the Appel
late Court.
OVER -CHARGE ON A CAR
Col. Murdock's Famous AIIit-
GRAFTON Used in Argument

G. w. Mayberry a stock shipper, is
trying to bring the Missouri Pacific Rail
way company to acc punt for charging
him 81 more than the rate laid down by
the Board of Railroad commissioners. on
the shipment of car load Of hogs from
Andale to Wichita in 1882. This is proba-
bly, the smallest amount ever in an appel
late court case and is now in the appel
late court here for final adjustment Mr.
Mayoerry won his suit in the district
court, but it was appealed by the COM
pany and the strength of the ruling of the
Board OF Railoa.d commissioners will be
known when the final decision is reached.
1t IS claimed that the railroad company
charged Mr.. Ma,yberry So per standard
car from Andale to Wichita, and that the
charge was unreasonable and extortion-
ate and In direct violation of the rate
fixed by the Rail road commissioners
VIII; h is SO for the same haul. The rail-
road company claims that Mayberrv
made no objection to- the charges at time
",
plead the statute of limitations also that
the charge was a reasonable and proper
charge.
The railroad company claims that the
pretended order of the, Board of Railroad
commissioners upon which the suit was
founded was without authority of law
and contrary TO the constitution of the
state, and constitution of the United
States under the Fourteenth Amendment.
The company further claims that the pre-
tended order itself was discriminative in
character and violative of the very law
under which such pretended order was
made; that the Board had. no jurisdiction
to make such pretended order.
In their effort to defeat Mr.. Mavberrv
and continue to charge the extra 80 per
car from Andale the attorneys launch out
in the following paraphrase on the nat
ural conditions relating to bassic prin-
ciple of charges to Missouri river points:
The advantage by which the traffic in
question reaches the Missouri river on a
very low rate, is fixed by conditions be-
yond the control Of these respondents
and that such conditions existed by
reason of the situation before Wichita
was discovered, and even before the
famous ALTERATION of the still more
famous Murdoch was predicted: 1.-THE
matchless prowess of the Peerless Prin-
cess of the Prairie at the confluence Of
the Great and Little Arkansas"
The two dollar fight was waging in the
appellate court yesterday with David
smyth as acting counsel for the railroad
company and o. H. Reach for Mr.. May
berry. The case was submitted to the
court on the printed briefs fled
The following cases were re-disposed of
by the court:
Esther Rains VS.. Rufus Cone, sheriff,
appealed from Sedgwick county; dis
missed for failure to file Briefs
Barbara A. MsCalla VS.. E. R. Powell,
appealed from Sedgwick county; motion
to dismiss sustained.
NJ. NJ. Scott constable, ct al, VS.. ]. w.
Brown, appealed from Cowley county;
submitted on briefs
c. E. Seaton VS.. Louise NJ. Woods, ap-
pealed from Sumner county; dismissed as
per stipulation.
Arch Miller, administrator, VS.. c. C.
Mcdowell, appealed from Lyon county;
continued to May term.
Josie Norman vs. T. c. Anderson, ap-
pealed from Greenwood county; continued
to May term.
Dewitt c. Howe, administrator VS.. AL
bert Klerman. appealed from Greenwood
county; dismissed for failure to file
briefs.
The Atchison Saddlery company VS.. w.
j. Gray, constable, appealed from Cowley
county; continued ito May term.
G. c. Cary VS.. Geo. Birkett ct AL ap-
pealed from Greenwood county; dismissed
for failure to file briefs.
Missouri, Kansas and Texas Railway
company VS.. Board of County Commits |
sioners Of Cowley county; submitted on |
briefs.
w J. Jones VS.. ]. H. Wiggam, appealed /
from Lyon county; dismissed for failure |
to file briefs.
Western Union Telegraph company VS.. I
the Getto-McCIung Boot and Shoe COM !
pany, appealed from Sedgwick county; |
submitted on briefs.
The State Bank of Burden VS. J. E. |
Hoyland ct al. appealed from Cowley /
county; submitted on briefs