The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-02
WINS THE FIRST,
Test Of Power of the Railroad
Board.
ST. Paul Case Is First of the
Kind.
ONE ON GRAIN RATE.
Union Pacific Ordered to Make
Reductions From Chapman.
Question About Rates Out of
Topeka Submitted.

Among other important opinions rem
dered by the state board of railroad
commissioners at their meeting We'd
nesday was the ruling that the social
ed 'NeoshO county law passed by the
last legislature is valid. and that the
Missouri Kansas & Texas must obey
the law and stop their trains at St.
Paul. Neosbo county.
This action is in line with an opinion
from Carr Taylor. attorney for the
board, to tn. effect that it is fair to
assume thai the law is valid until 9TH
erwise decided by the courts. It is
therefore I'D to the NJ. K & T. to test
the decision of the railroad commits
sioners in the courts if they so desire.
In case the company fails to obey the
ruling OF the board, legal proceedings
VIII be commenced.
The object OF the special law was to
compel the NJ. K. & T. to stop its fast
trains No. 3 and g. otherwise known as
the Katy Flyer" at st. Paul The rail-
road company cOntended that the law
was special legislation, and therefore
invalid.
The ruling of the board is as fol-
lows.
1T is therefore ordered by the board
that the respondent, the Missouri, kan
sas & Texas Railway company, stop its
tlon al st. Paul. Kan, for the purpose
Of receiving and letting OF passengers
whenever there are passengers desiring
such accommodations
Reduce the Grain Rates.
By order Of the board, the Union Pa
cine railway viii have to reduce its
grain rates from the town of ChaDnan
to Kansas City. The complaint was
made by Poor & Knight. of Chairman.
grain shippers, on May q. The board
says in its findings.
After hearing the evidence and ar
gunenEs and being fully advised in the
premises the board finds that Chairman
KAN Is l52 miles from Kansas Civ.
ran. ana that the respondent company
mas IN force between said points a rate
OF IA cents per hundred on wheat and
~ cents per hundred on corn. oats and
we while from Aida, lat miles from
Kansas CITY the rate on wheat is 1914
cents per hundred and on corn. oats
and rye 4O7z cents per hundred The
board further finds that CHAPMAN is
Disseminated against, in favor of Aida
IN the matter Of said rates and that q
Aeasonapie rate from Chapman to Kan
Bas CITY Kan, would be Is cents pel
hundred on wheat and IL cents pei
hundred on corn, oats and rye.
1t is therefore ordered by the board
mat the respondent, the Union Pacific
Haliroad company, establish a rate OF
1s cents per hundred on wheat and u
cents ner hundred on corn, oats ano
rye rom Chapman, Kan, to Kansas
CIV kan, said rate to be effective in
or before so days from this date
Rules Are Fair.
In the decision Of the switching fee
case which was given a hearing by the
board a few weeks ago, pursuant to a
provision of the new railroad law which
says the board shall provide necessary
rules for switching when any complaint
IS fled the board finds that no changes
ga existing conditions are necessary. The
decision says:
The railroad companies were repre-
Eented by their legal and traffic depart
ments and the shippers of the state fail
ed to make an appearance or enter any