The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-11-06
ETHE PEOPLE Be
D---D~ SAYS COOK
Assistant General Freight
Agent Santa fe Testihes,
TESTIMONY Is NOW ALL IN
hearing of Coal Case Closed
Last Evening.
TESTIMONY Is NOW ALL IN

'The people be DID, is the ex-
preston c. W. Cook, assistant general
freight agent for the Santa re. used II
the course of his crozs-examination yes
terday afternoon when the attorneys fol
the city of Wichita questioned him as to
whether he thought, after the, city has
voted $4,000 worth of bonds to assist
in building the line he represents, has
q right 10 totally ignore the many com
plants made for cheaper rates; also to
conduct the company business the same
as tfiat5of a merchant who is doing bust
ness strictly on his own capital
While the railroad officials who were
On the stand didn't use Mr.. Cooks ex-
act words. their testimony brought out
the fact that each is of the same opin-
don in the matter. but they didn't say
so quite in such expressive language
MIR. Cooks statement was used fire.
ouently in the argument by Mr.. Ashbaueh
In which he said he was sorry to hear
such statement made during the case
but that it went only farther 10 show
how little the railroads really care for
the demands OF the people, TO secure
more just rates, Mr.. Agnaaugh made 2
lengthy talk in which he reviewed the
case from the start to nnis-l.
Mr.. Helm made the first closing argu.
ment and occupied but a few minutes
He stated that as the testimony is so
af.f
sioners may readily see the reasona BILE
ness Of granting cheaper rates, there
was little use of consuming more time
oE the subject
Made No Argument
The railroad attorneys each made TO
argument, either in defense or CORRIDOR
sting the testimony given o. either side
and the hearing closed a few minutes
after o'clock Each. however. stateI
that he will file a brief, before the com
tlissioners give their decision in the case
Before closing Chairman WheatIey. Of
the commission board said:
Just as soon as the testimony has
been Transcribed by the court stenograph-
er. the attorneys for the defendants will
be given notice and each must file his
brief within 20 days OF said date. The
attorneys for the city viii then be given
Gn opportunity to answer any questions
which may be brought forth in the briefs
aled by the railroads within ten days
Of said date. after which the board will
make public Its decision"
Wanted IL Struck Out.
IN continuing the case al g o'clock yes
terday morning, A. \. Hurd, for the
Santa Re, made a motion to strike out
she testimony OF Mr. Resing where he
suppressed an opinion as TO the reason
elbleness of the rates charged. Mr. Hurd,
sn support of his motion. said that the
defendant had not qualified TO testify as
tn expert.
I Judge S s. Ashhaugh said that where
fhe reasonableness of railroad rates is ar
tissue an opinion may be given based upon
the result Of comparison Of his own
Hates with those of another state, and
value OF rates can be given taking in;0
consideration the degree Of similarity If
the circumstance and conditions sur
rounding the transportation. Judge Ash
baugh in support of his contention cited
the case of the Chicago Freight Bureau
VS. The Louisville. New Albany and Chi
cago Railway company In the sixteenth
annual report of the Interstate Com
merce Commission at page 17g. section
16l. where It was held That in qucs-
tons where the reasonableness of rates
IS in question, comparison thereof may
be made, not only with rates on another
line OF the same carrier. but also with
those on the lines OF other and distinct
carriers-the value of the comparison be-
en- -, IS.
sree OF similarity OF the circumstances
and conditions attending the transporta-
ton for which the rates compared arc
charged This ease also holds. that II
railroad companies engaged ia the trans
portation OF traffic from one territory to
another enter into an association wIth
railroad companies engaged in the trans
portation of similar traffic from another
territory TO j common market for the
purpose Of a mutual adjustment OF rates
on their respective lines. and in pursuance
of this purpose agree to and MAINTAIN
rates over their own lines higher than
are reasonable. and the relation thus es-
tablished between the two territories re-
speedway is unjustly prejudiced 10 the
former. ana preferential to the latter this
is vialation OF the interstate commerce
act. This case is directly in point ana
from ALT- Resing's testimony shows that
preferences have been made in favor OF
certain cities and states"
A +. Helm in asking that the motion
he oveIruled. said that the witness had
been shown to be competent to testify. -
# was proven that he had been in the
employ of railroad companies for many
years and had experience in many de
partmente and was familiar with chs
rules employed in -ascertaining freight
rates
Continuing. Mr.. Helm said that the
usual strict rule II regard 10 the adj
mission Of opinions Of technical know !.
edge or OF such a nature that il is not
open TO common knowledge. to such an
extent that opinions may be given 10y one
who has made a study Of the matter al
issue.
Motion Was OverruIsd.
The judges. after comforting, ovsrruied
the motion ard AIR Resins testimony
viii therefore be considered IN deciding
the case.
Frisco officia! Heard.
& a Middleton. general freight agent
of the Frisco. was the first witness %
take the stand. He has been railroad
ernploye for over twenty years, and is
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