The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-26
THEY CAN'T WAIT.
Railroads Want Cattle Rate Put
Into Effect Now.
Object to Suspension Asked for
by StOckmen.
BIG MEN ARE HERE.
Many of the Large Roads Are
Represented.
CattIemen Are Slow AbOut Pre-.
pairing Their Case.

ue attorneys Tor the cattlemen IN
their complaint against the new freight
rate on livestock which the railroads
propose to put into force on September 5,
took new tack when the hearing began
before the state board of railroad COM
missioners, by filing motion for the
suspension of the proposed rate on the
ground that legal notice has not been
given of the adoption of the new sche-
dule. A continuance of the case is also
asked for.
There is a large attendance at the
hearing. There are probably Z5 cattle
men here from over the state. and the
railroads have sent their chief traffic
men to Topeka to aid their attorneys III
the case.
This cattle rate case is one of great
importance. 1t is the first to come be-
fore the state board of railroad commits
sioners which will definitely determine
the powers of the board in the matter
of freight rates, in which both the pub
lie and the railroads are vitally inter
ested. The railroads have evidently pre-
pared to make big fight, and the cat
tlemen wish to do the same but they are
not yet prepared to do so. For this rea-
son the continuance was asked.
The cattlemen had no attorneys en-
ployed to assist them until a late hour
last night. They held a meeting al the
Copeland last evening at which it was
decided to employ S. s. Ashbaugh and
A. E. Helm. both of Wichita, to repre-
sent them before the board. Another
meeting was held this morning at which
it was decided to raise a thousand dol
lars with which to prosecute the COM
plant, as it will doubtless have to be
carried to the supreme court and may
possibly go even higher than that.
Mr.. Ashbaugh opened the case before
the board this morning by explaining
that neither he nor Mr.. Helm had been
employed until a late hour last night
and they had been able to make no
preparation for the case. He said also
that he found there had been no for
NAL complaint filed in the case, and
he presumed it would be well to file
he asked that the case be continued
for the present, but he wanted the con-
tinuance with the understanding that
the proposed new rate on cattle be held
in abeyance for the present.
To make the suspension certain he
filed Il motion stating that the railroad
companies had not given notice nor ad-
vertised the new schedule as required
rate be suspended until legal notice be
given of it's adoption.
A. A. Hurd, representing the Santa
F'e, said his road would agree to the
plainants ought to have all the time
necessary to prepare their case. He
also thought the pleadings should be
formally prepared.
This is the first case of this kind to
come before this board" said Mr.. Hurd,
''and the first pleadings were therefore
somewhat informal, but the railroads
were inclined to overlook this and ac-
cept them as filed. 1t would be better.
however, to have a formal complaint
filed I think.
But the Santa Fe most certainly OBJ
jects, however, to the motion to sus-
Mr.. Hurd. I'm the first place, this
board has not the power to make such
an order. If a shipper is charged an
illegal tariff he has a legal remedy in
some rate may be unjust, or too high,
or that it ought to be lower, but it
cannot suspend a tariff on a motion. -
J. w. Orr, of Atcbison, representing
tinuance, but he also objected to the
suspension of the tariff and denied the
power of the railroad commissioners to
make an order of suspension.
N II. Loomis. for the Union Pacific
said his road was ready to proceed with
the hearing at once and would prefer
to do so, although no objection to be
made to a continuance if it should be
necessary. He agreed with Mr.. Hurd
in denying the power of the board to
suspend l0H DIOpOScu
T. N. Sedgwick of Parsons, for the
Missouri Kansas & Texas, agreed to
the continuance but entered an Objec-
ton to the suspension of the rate.
Mr.. Ashbaugh, representing the cattle
shippers. called attention to the section
of the railroad law, which reads:
Neither said board of railroad COM
missioners nor any railroad company
shall raise the charge for the trans
portation of freight on any railroad
eixr In Gi,xfU daVS' nI1hliC
notice of such change, in such manner
as the commissioners may determine, ,
He also called attention to rule of
the board which required railroad COM
panies to give notice of a change in
/ tariffs by sending the proposed tariffs
to their station agents at least sixty
1 davs before this is TO go into effect. Mr-
/ Ashbaugh alleges that the railroads
/ had not complied with this rule. and
offered to file affidaVitS in proof and
1 had been told by the agents that the
tariffs had not been sent them 1t was
on the strength of this that he filed the
motion to suspend the tariff. but ne
asked a few hours time in which to
prepare the affidavit.
After some discussion Chairman
Wheatley. of the board of railroad
/ commissioners. announced that as a
new question had been raised recess
would be taken until two oclock. and
at that time the board would decide
whether il would hear the motion to
suspend the rate or not. In the mean
time he asked the attorneys to get to-
gether on time for the hearing on the
complaint itself
Among the prominent railroad men
who are attending the hearing are the
/ following:
For the Santa Fe.-Paul Morton, sec
ond viee-president. Chicago; w. 3. Bid
die freight traffic manager. Chicago: G.
w Cook assistant general freight agent
Topeka; A. A. Hurd and o. J. Wood,
| general attorneys.
For the Missouri Pacific. n. John
son of ChfCa on aSSfStapf ira fT7p director