The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-26
GR0CERS COMPLAIN
OF FREIGHT RATES
Wholesale Dealers Object to
Reconsideration.
COMPLAINT TO BE FILED
Before Kansas Board of Rail-
road Commissioners.

"A. E. Helm and II. L. Resting went to
Topeka last night TO file two cases be-
fore the Kansas board Of railroad COM
missioners. One is the Ease Of the
wholesale grocers of southern Kansas
against the Atchison, Topeka and Santa
Fe the Missouri Pacific the ST. Louis
and san Francisco and the Chicago,
Rock Island and Pacific Railway COM
panies. The other is the suit CT the
mayor and council of the city Of Wichita
against the same roads. The former
suit i: brought TO compel the railroads
90 keep in effect the present rates on
coffee. sugar and beans from Fort Scott,
Kansas City, Leavenworth and Atchi-
son nd not change the classification d
place these articles in the fifth class
while they are shipped under commodity
rates at present.
The suit is brought by the II. D. Lee
Mercantile company. the Watson-DuIand-
Casper Wholesale Grocery company, CT
Salina; the Senteney Grocery company,
the Gonder-Petro Mercantile company,
the Central Mercantile company and the
Hutchinson Wholesale Grocery company,
OF Hutchinson; the Jet K Wood the
Wichita Wholesale Grocery company,
the Lehmann-H igginson Grocery com
pany and the Aylesbury Mercantile COM
pany, of this city.
The petition of the complainants is as
follows:
THa .f ,a aho ad
plainants respectfully shows:
First-That they are engaged in the
wholesale grocery business in the cities
OF Salina. Hutchinson and Wichita in
the state of Kansas, and that they have
been so engaged in such business in the
cities above named for more than ten
years prior TO the filing of this COM
plant; that they have invested large
capital in warehouses and other perma-
nent facilities for the transaction of
their business as wholesale grocery mer-
chants in said cities; that they do an
extensive business in the states of Kan
sas, Colorado and the territory of Okla
homa, the aggregate of their business
amounting to several million dollars per
annum; that said business has been es-
tablished and maintained under freight
rates put in and maintained by the re-
spondents for long period of time.
Second-That the respondents above
named are common carriers engaged in
the transportation of property by con-
tinuous carriage of shipment wholly by
railroad, as their various lines or routes
may run between the cities of Fort
Scott, Kansas City. Kan, Leavenworth
and AtchisOn. to the cities of Salina,
Hutchinson and Wichita. and as such
common carriers the respondents are
subject to the provisions of chapter 2S6
OF the session laws of Kansas for 1901
relating TO railroads.
Third-That on the 5th day of March,
IS92 the then board of railroad COM
missieners OF the state of Kansas made
an order in the case of the wholesale
grocers of Wichita ct al. compliments.
VS. The Atchison Topeka and Santa
Fe railroad, ct al, respondents. wherein
the board of railroad commissioners de-
cided and ordered that on and after
March l6 1892, the rate on sugar in car
load lots from Fort Scott. Kansas City.
Kan LeavenWorth and Atchison. shall
be Is cents per hundred pounds. and
that in place of the order of January g.
1892. reducing the rate on the fifth class,
s commodity rate shall take effect and
be in force from and after March 16
1892, on canned goods coffee and beans.
in car load lots. Of p cents to Salina.
Is cents to Hutchinson and Wichita and
rs cents to Arkansas City; that said
commodity rates were afterwards put
in effect by the respondents and have
been maintained by them up to the pres
I u.
after a full hearing before the board Of
railroad commissioners; that said rates
were ample and sufficient and more than
reasonable and just to the respondents
Fourth-That on July -. 1903. the re-
spondents gave notice that. effective
September % 1908. said rates on canned
goods coffee and beans in car load lots
would be cancelled and that thereafter
the regular fifth class rate would be
charged on shipments of such articles
from the cities named herein 10 the
towns where compliments places of bus
mess are situated. which will have the
effect of raising the freight rates on
said commodities IS follows:
From - cents to - cents to Salina.
From p cents to SO cents to Hutch
inSon and Wichita.
From 2S cents to q cents TO Arkansas
City
That said respondents threaten and
have given notice that after Septem-
Der. - 1893 they will charge. demand
and receive from the compiainants for
shipments Of the above named commod-
tiles in car load lots rate Of - cents
per hundred pounds from Fort Scott
Kansas City. Kan. Leavenworth and
Atchison. 10 Salina. and IS cents per
hundred pounds TO Hutchinson and
Wichita; that such increase is unjust
20 the compliments; that the prices now
charged by the respondents for the ser
vices mentioned herein are excessively
high and unreasonable. as compared
with the price charged elsewhere for
like service; that the rates charged. de-
manded and received. and threatened 10
be charged. demanded and received from
the complainants by the respondent com
panies. are unreasonable and constitute
an unreasonable price for the transpor-
tation Of canned goods. coffee and beans
In car load lots from Fort Scott. Kan
sas City. Kan. Leavenworth and Atch-
ison. TO Salina. Hutchinson and Wich-
ita in violation Of section Is and section
q of chapter so OF the session laws Of
Kansas for 1901.
Wherefore. compliments pray that the
respondent companies be severally re-
ouired 10 answer the charges herein. and
that, after due hearing and investiga-
ton, an order be made by the board Of
railroad commissioners adjudging and