The Wichita daily eagle., 1903-11-05
1RST POINT is
WON IN COAL CASE
Request That Hearing Postpon-
ed---Not Granted.
WILL BE HEARD THROUGH
Defense Showed Surprise at
Complete Testimony
WILL BE HEARD THROUGH

After s. S. Ashbaugh and a. E Helm,
attorneys for the city in the case of
wichita vs.. the Santa re. Missouri Pa
cific and Frisco railroads, introduced all
OF the testimony before the state raiA
road commissioners w Wheatley Of
Columbus. chairman; J. c o. Morse Of
Hutchinson; A D. Walker of HoIton-
and the defense rested its case last even
ing. the attorneys for the railroad com
panies each made the unusual and al
most unheafd of request that the re-
mainder of the trial. consisting OF intro.
duging the testimony Of the defense, be
postponed one or two weeks from the
present time.
The attorneys. who are: J. H. Richards,
for the Missouri Pacific. at Fort Scott;
4. A Hard, for the Santa he, at Topeka;
Willis Gleed and J. D. Palmer, for the
Frisco. each made a lengt thy talk and
asked the commissioners that they be
given further time. in which to prepare
their defense They argued that as un-
expected questions had arisen and as
statements must be verified. it would be
impossible for the railroads TO rpesent
their testimony complete inside Of one
week later at the earliest.
In arguing that the trial be finished
without delay, A. E. Helm, for the city,
said:
I am not surprised that a continuance
of this case is asked for after the show
ing made here tsday. However, the rail-
road attorneys were notified, August p,
OF the time set for the hearing, and they
have had ample time in which 10 pre-
pare their defense providing they have
any 10 introduce. We are willing to rest
our case on the testimony already given
and listen to whatever the defense may
have TO stay.
Request Not Granted.
After nearly an hours discussion on the
subject, and lengthy conference between
the commissioners themselves, the fol-
lowing decision was given by Chairman
Mheatley:
Unless the plaintiff is willing to ex-
clude that part of the testimony pertain
ing to railroads, the Rock Island and the
Chica go and Great Western, no named as
defendants in this case, a further hearing
will be postponed one week from today.
Otherwise, it viii be continued Thursday
morning at o o'clock and finished without
delay
Messrs. Ashbaugh and Helm were
agreeable and the city secured its first
victory against the railroad companies
I'm being granted a speedy trial now that
the hearing has. once commenced.
Il Many. Were. There.
IS The hearing began promptly at IL
o clock yesterday morning. BY Il the
lobby was fairly well filed with those
who participated in the hearing and
pretty large audience of onlookers. BY
the time the hearing adjourned at y
O. clock for dinner the first floor was pack
ed and every chair was taken
The attendance was made up chiefly OF
i business men, attorneys and city officers
C Y. Cook. assistant general freight
agent for the Santa Fe, with headquar-
tiers at Topeka. ana A. II. webb. super
intendcnt Of the Missouri Pacific, with
Headquarters at Wichita. were the Of
hcials present Each of the four rail-
roads doing business in the city was rep
resented at the hearing by a commercial
or division freight agent.
A. {. Helm Read Complaint.
A E. Helm opened the hearing oy read
ing the complaint filed against the three
railroads in which the city contends that
the rate of sI.6O on lump coal and sl.SS
on slack now effective between Wichita
and The Pittsburg coal district. is uBrea-
sonabie and not in accordance with the
rates charged for hauling coal to other
cities. considering the distance. He added
that the answers OF the railroads amount
10 deniaIs of all The allegations made in
the complaint.
Resing First Witness.
H L. Resfng. secretary Of the CONNER
cial club and the Wichita Traffic Bureau
was the first witness called BY the attor-
news for the city. He testified that prior
TO one and one-half years ago he was an
enpIoye of different railroads since the
year 1881. and that he worked in the
freight departments. In response TO a
question from Mr.. Helm as 10 whether
he. had made some investigation OF the
tariffs published by the railroads on rates
of soft coal and slack. he answered in the
affirmative. Further testimony given by
Mr.. Resing brought out the fact that he
has compared the rates effective from the
different coal districts 10 Wichita and
from those places te other ci'ies, and
was ready TO make comparisons on tariffs
now effective 20 points in Missouri, Kan
sas. Illinois. ard Texas for distances Of
30. 1oa.-lso. lsdss 200 and so miles, The
purpose was . show that the general
rates are nnrea sonable- The comparison
showed the different rates as follows:
introduced Figures.
Miles. KAN No, iowa III Tex.
81 SIS So Sea s % SIS 5 .65