The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-05
BOARD MAY ACT.
Mr.. GODDARD Says Millers Are on
Right Track.
Commissioners Have Power to
Compel DifferentiaI.
INTENTION OF THE LAW
Not Purpose to Prevent ADJUST
ment of Rates.
Decision of Board Is Expected
This Week.
INTENTION OF THE LAW

The railroad commissioners have ask
ed Attorney General GODDARD whether
they would be justified in requiring the
Santa F'e Railway company to re-estab-
lish the five cent differentfal rate asked
for by the Topeka millers and whether
such a requirement would be in viola
ton of the railroad law enacted last
winter. Attorney General GODDARD has
decided that the board can compel the
railway company to re-establish the
rate. His letter to the board on the
subject follows:
Gentlemen: I have yours of August
2, inclosing copies of complaint and an
swer in the case of the Shawnee Milling
company ct al VS.. the A, t & S. F.
Railway company, and asking whether
or not you have the power under the
law enacted at the last session of the
Kansas state legislature to issue an or
der directing the defendant railway
company to establish and put in force
the rate prayed for in the complainant's
petition.
the following allegations:
First-That the petitioners are now
and have been for a long time engaged
in the manufacture of flour at Topeka
and are compelled to ship to that point
nearly all OF the wheat used in their
business.
S0CO4O-1naL Tor years the defend
ant railway company has carried wheat
from western points to Topeka at a
rate which has been five 90 cents per
hundred less than the Kansas City
rates.
"Third-That on March Is, 1901, the
Topeka differential rate was abolished
and the regular distance tariff was
made applicable to the shipment of
'tFourth-That the new rates are
greatly detrimental to the petitioners
interest and threaten to destroy their
business.
Il judge that the petition was intend
ed to claim that the present rate is I'M
just and unreasonable and that the
former rate was reasonable and just.
THE answer ayers that at the time
the Topeka rate was made the circun1-
stances were different from those now
existing Various other averments are
made concerning the claims of the petit
TONERS. and reasons are urged why the
present rate should be maintained
Only one defense in the answer goes
to the jurisdiction and power of your
board to hear this case, and with this
defense alone does this opinion deal
1t is claimed in the answer that the
reason why the Topeka rate was abol-
ished was because of the enactment of
a long and short haul clause contained
in section 20 of the act creating your
board and defining its power. The Sec
ton to which I refer reads as follows:
NO railroad company shall charge,
demand or receive from any person,
company or corporation, for the trans
portation of any property, or for any
other service, a greater or less sum
than it shall at the time charge, de-
mand or receive from any other person,
company or corporation for like ser
vice from the same place, or upon like
conditions and under similar circum-
stances; and all concessions of rates.
drawbacks and contracts for special
rates shall be open to and allowed all
persons companies and corporation
shall Rharcrn
transporting freight from any point on
its line than fair and just proportion
of the price it charges for the same
KIND or freight transported from any
other point; nor shall it be lawful to
charge a greater freight rate to haul
any class of goods for a shorter dis
tance than for a longer one in the same
general direction under like conditions,
and over the same system of road in
Kansas, except by the consent of the
commissioners
1T is claimed on the part of the de-
PENDANT railroad company that the
rates on wheat from western points to
Emporia and Usage City are higher
than the rates sought to be established
into Topeka, and, therefore, your board
has no power to order the reduction of
rates in such a case.
THE question which is thus pre-
sented take to be this: Has the board
of railroad commissioners of Kansas
power to find that a rate is reasOnab BILE
and to take the necessary steps toward
putting the same into effect, when
such action on your part. without an
adjustment of intermediate tariff rates,
or without further action on your part
at the request of the railroad company
VIII work a violation of the long and
short haul statute above quoted. I
believe this question to be of great i'm
p0rtance in determining the power of
your board, and after giving the same
careful consideration I am of the opn-
ion that this board has the power to
find I'D = he &C.
such action, determine that a rate be-
tween two points is reasonb1e, not
withstanding the fact that such rate is
more than the usual charge for a like /
carriage for a portion of the same dis
lance, and the fact that the rate
charged by the railroad company from
western points to EmpOria or Usage
City is higher than the rates the petit
TONERS are asking this board to find to 4
be reasona bic for Topeka. does not de-
prive the board of Jurisdiction of this
case, or prevent it finding that the
rates asked are reasonable and just if
it so desire.
My reasons for this view are as fol-
lows:
''F-irst-The limitations contained in
section 25 above referred to. are re-
strictions upon the powers of railway
companies. and not upon the powers
of the board of railroad commissioners. /
'Second-It is not consistent with the I
manifest intention of the act creating I
your board and defining its powers that I
it should be deprived of the power to I
determine whether or not a charge for /
any carriage wholly within this state is I
BILE or unreasona BILE.
"Third-To construe the law other I
wise would in my judgment. seriously |
impair its efficiency, and throw OBJ /
stacles into all. or nearly all. the rate /
cases which may come before you
'.Fourth-The effect of your action +
upon intermediate rates, if the prayer /
of the petitioners is granted. will not /
be direct but only incidental to the 4
purpose of your determination. and if |
rates are incidentally I
made Illegal by your action such ille- /
gality can be corrected by an adjust /
nent of the same or by your consent /
t,<, int