The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-06
RAILROAD news.
Kansas Railroads Win Kansas
City RecOnsignment Case.
Can Charge Fee of 50 Per Car
of Grain.
APPLY TO ALL ALIKE.
Charge Must Be Made at st.
Louis and st. Joe.
Santa Fe, Rock Island and Mis-
souri, Pacific Interested.

Jefferson City. Mo, Oct. Elm the
matter of a recOnsignment charge OF q
q car of which complaint was made by
the Kansas City transportation bureau
against the Santa Fe, the Missouri Pa
Sific, the Rock Island and the Burning
ton. the board OF railroad commissioners
have given out the following:
After investigating carefully the evil
dence produced by complainant as Wen
as argument offered in support Of their
position by attorneys, we are inclined,
an order to better determine this mat
ter, to divide or separate the complaint
under the following heads:
t'FiIst-IIaVe defendant railways a
legal right to change a custom of gram
switching rates that has been in vogue
and practice in Kansas City for many
years?
"Second-Have defendant railways a
legal right to establish in Kansas city
a system of switching or reconslgnment
charges that does not apply to other
grain markets Of Missouri?
'.Third-Have defendant railways the
legal right to charge reccnsignmenS
fee Of 81 per car, and is such fee a rea-
sOnable charger
The commissioners affirmed the nrst
count, rejected tie second, and affirmed
the third In discussing the third count
TIE commissioners say:
with reference. to the third head in
the said petition, we must confess that
we are of the opinion that under certain
restrictions, and subject to the limita-
lions hereinafter set forth, defendant
railways have a right to the reconsign-
ment charge. and under the testimony
in this case, supported by our own
knowledge of the work performed, we
must assume that a charge of 81 per
car Subject TO restrictiOns), to be rea-
sonable and just and being just in
Kansas City. must apply also to st.
joseph and St. Louis alike Previous
practice of grain men in our principal
cities on cars of grain consigned to
order Of or notify parties. together
with delays in giving railways cisposl-
ton of such cars extending often be-
yond free time allowed by car service
rules always begets such q condition
as seriously cripples the service of all
railway lines at terminal points, by
tying UP their equipment blocking their
lines and impairing their service, bring
ing up from the country to our Office
a 3eluge OF complaints regarding train
service.
Respondents plea of lack of jurisdic
ton because of interstate traffic is
any railway company issues a bill of
lading in which they agree for and in
consideration of a given rate, to trans
port a car of grain from any given
point tO any point within this state, we
have right to assume that said car
must be delivered atdesttined point ere
contract is fulfilled. hence in this case
Kansas City. Mo. being destination ex-
pressed in bill of lading, we must con-
clude that said car is in Kansas City,
Mo (even though held outside the con-
fines of this state for convenience o. de-
PENDANT railways. and any charges for
handling said car after its arrival at
point of destination is properly within
the jurisdiction of this board.