The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-04
GATTLEMEN WON
FROM RAILROADS
Attorneys of Latter offered No
Testimony at Hearing.
WILL NOT PUT IN NEW RATE
Roads Allowed Order to Be
Issued Against Them.

A.E. Helm and S. s Ashbaugh, attor-
neys for the Kansas Live Stock associa-,
ton in the case before the Kansas rail-
road commissioners. returned last night
from Topeka victorious and with an order
from the commissioners that means
saving of thousands Of dollars in freight
rates. The railroads threw up the sponge
without offering any testimony and the
commissioners ordered that the present
rates were high enough and that they
should remain in effect
The cattiemen won at every point Of
the game. winning out on the motion 10
dismiss the case made by the railroad at
torneys When the case was first called
Wednesday morning Attorney Bale Was-
goner of the Missouri Pacific offered a
motion 10 dismiss the case on the grounds
that the Kansas railroad law did not
permit of an association 10 bring COM
plant before the board or that any COM
plant could be fled against existing
tariff sheets. The railroads claimed that
according 10 the Kansas law each indi-
vidual shipper must complain and that II
was on the individual shipment and not
a general rate.
The attorneys argued this motion at
length. The cattlemen declared that the
cost of bringing such action as individ-
uals would bankrupt them even If the law
did declare that way and the arguments
of counsel for the cattlemen did not ao-
nit that the Kansas law compelled each
individual shipper to make complaint ana
specify the shipment
The commissioners held that as the
compliments had no right to appeal their
case should the commissioners decide
against them while the roads could appeal
and further that as they had no prece-
dent in such cases, they would overrule
the motion and hear the case and the
roads could appeal If they wanted TO do
so.
The cattlemen ard the attorneys had
stacks of evidence showing that the rates
on cattle from nearly every section of
Kansas were higher 10 Kansas City than
the rates for the same distances in Ne
braska. Iowa and Missouri. The evidence
showed that during number Of years
past hte charges on stock from several
Kansas points absorbed from ten TO fif-
teen per cent of the total receipts Of the
shipper on the Kansas City market
The cattlemen claimed that the condi-
ton Of the stock business at the present
time with lower markets than for many
past years was such that they could not
stand a raise in freight rates as this
would take all of their profit from the
stock. Proofs were offered showing that
the railroads were enjoying more bust
ness at this time than at any previous
time, each road being swamped with bus
mess and that this fact would make the
advance in rates unjustihable. The ad-
vance in rates would add 5000 day TO
the receipts of the railroads
The hearing continued through Wednes-
day and also an evening session was held
esterdav morning the hearing was eontin-
ued until the compliments had finished
their case and rested. The railroad at
torney asked for a recess and with their
tariff managers adjourned where a con
ference was held. When they returned 10
the room they announced that while they
believed that they had facts and figures
in their possession which would justify
them in advancing the rates, owing 70
the condition Of the stock business al
the present time they would not advance
their rates and would allow an order
making the present rates the maximum
to be issued The cattlemen considered
this an easy way OF acknowledging defeat
and claimed that they had too strong a
case against the roads. The railroad at
tornevs claimed that they had the proof
TO show that they were entitled 10 the
advance.
The complaint came UP over the pub
Iished tariffs OF all the Kansas roads an
nouncing an advance in cattle rates from
! all parts Of Kansas The new tariff vas
! 10 go into effect Saturday. The complaint
was filed several weeks ago and the hear
ing begun week go but was continued
10 allow the Wichita attorneys who had
lust been employed in the case 10 gather
+ evidence.
Some two or three years ago after .
4 conference with the cattlemen a different
( basis OF cattle rates was agreed upon
Before that time the charges had been
so much per car. but the roads asked that
+ the rate be changed TO SO much per hun
dred weight as this would enable them
Confined on Sixth page)