The Topeka state journal., 1905-07-15
TAYLOR MAKES MOVE.
Brings His Suit to Compel Better Coal
Rates.

has come up with MS peIltfon on Che
coal rate case. The petition was filed
late Friday afternoon. and as an
nounced that 1t would be, IS snort ana
! to the point.
The defendants in the case are the
Santa Fe, Burlington, Rock Island,
Kansas and Southwestern, Orient,
Leavenworth and Topeka, Missouri.
Kansas and Texas, Grand Island, I'm
| ion Pacific and the Leavenworth, kan
sas and Western.
After reciting that the above named
roads are all engaged in carrying coal
| in Kansas, Attorney Taylor, in his Pc
! tition goes on:
1.-THE complainant AYERS and says
that the said defendants own and op-
crate wholly within the state of KAN
sas as aforesaid, a total mileage of g.
| 677.01 as more fully appears by ta-
| BILE taken from the report of said COM
panies to said board of railroad COM
missioners for the year ending June
80 1904, which is attached hereto,
made a part hereof, and marked 'Ex-
hibit A.
Complainant says and AYERS that
there are three coal fields in the state
and Leavenworth fields; that said coal
fields are extensively and continuously
worked and annually produce very
large portion of the coal consumed
within the state of Kansas. and COM
plainant further AYERS that the total
tonnage in coal handled from the
above mentioned coal fields by the de-
fendant railway lines herein amounts
to 20 16-10O per cent per annum of
the aggregate total of the tonnage
carried by the railroads within the
state of Kansas.
"Second-Complaina AYERS and
says that coal is one of the lowest
classes of commodities carried by rail-
road companies; that the risk to the
carrier in its transportation is exceed
ingly small because of its character and
tOrHr v-a1rT 49, - -
in trainloads and carloads at very
Slight relative expense to the carrier as
compared to other classes of freight,
and in most instances complainant AYERS
that the coal traffic is handled by the
railroad companies at their convent
ence.
Complaint further AYERS and says
that the cost Of maintenance and opera
ton of the respective lines of railway
owned by the defendants, as aforesaid,
in this state, is, as compared with the
maintenance and cost of operation of
railway lines in other states, less ex-
penSive to the said defendant compan-
les; that the topography of the state of
Kansas, through and across which the
defendants lines of railway are con-
structed, is comparatively level and very
free from heavy grades, and complain
ant specifically AYERS that the cost of
railway construction and maintenance
in the state of Kansas is considerably
less per mile than in any OF the trans
Mississippi states; that because of the
above and foregoing facts the lines of
| above named defendants have been i'm
mensely profitable, as shown by their
verified reports to the board of railroad
commissioners of the state of Kansas
| for the year ending June 80, 1904, which
said report shows an income from op-
| GRAFTON within the state of Kansas of
| $1S.51O, ,s6S.27. with a percentage of op-
! Grating expenses to earnings of 67.44.
| Complainant further says and ayers
| that Notwithstanding the low cost of
maintenance and operation of the re-
| spectiVe lines of railway Of the above
named defendants within the state OF
! Kansas, that the said defendant COM
| panies have for many years last past
| and are now maintaining unreasonable,
/ unjust and discriminatory high rates
| for the transportation of coal, slack and
| lump, within the state of Kansas from
| the coal fields above mentioned.
Complainant further says that
there are great railway systems in the
| United States whose entire traffic, in
Guiding high class as well as low
class, that carried in less than carloads
per ton per mile revenue less than
| that produced by the coal rates
| charged within the state of Kansas
by the said defendants, and which
have nevertheless shown a fair net
income over the cost Of operation of
such systems.
Complainant in conclusion further
AYERS and says that by reason of the
above and foregoing facts the rates
for the carriage of coal now MAIN
tanned by the defendant companies
are unreasonably high, unlawful, un-
just and discrimination against the
commercial, manufacturing and busi-
! ness interests of the state; that by
reason of such unlawful and unjust
discrimination the growth OF the
cities and towns and the manufactur-
ing and commercial interests within
the state has been and is greatly re-
tarded.
Wherefore complainant prays
that the defendants and each of them
: be forthwith notified of the filing OF
this complaint and that if the said de-
PENDANTS fail to make a reasonable
reduction of the coal rates upon their
respective lines in the state of Kan
sas within the time prescribed by law
then in such case, that this honor
able board set this complaint fol
hearing and that upon a full and i'm
partial trial thereof that said board
make an order finding that the Goa
rates now maintained in the state OF
Kansas are unreasonable, unjust and
a discrimination against the citizens
of this state, and complainant prayi
said board to make an order fixing
reasonable rates for the transporta.
t ton of coal, lump and slack, to al
| points on the respective lines owned
2 and operated by the said defendant:
I within the state of Kansas, and fol
S such other and further findings and
} Nrders as may be just and reasonable
2 in the premises
e The roads will be notified at once
/ and after they file answers a date fol
a hearing will be fixed by the board
? Weekly Bank Statement
Al New York, July i5-The statement O.
I averages of the clearing houses of thi.
/, city for the week shows:
Loans 81 107 308 100 decrease 50 150 400