The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-16
RAILROAD NEWS.
Relations Strained Between
Santa Fs and Commissioners.
Commissioners Delivers His
Opinion of President Ripley.
is UNCOMPLIMENTARY.
Case VIII Be Presented to At
tOrney General.
is UNCOMPLIMENTARY.
Gossip and Matters of Interest
in Railroad Circles.

Topeka & Santa F'e railroad and the in
terstate commerce commission have be-
come so strained that something Ia
likely to break loose soon.
Now that President Ripley has with
drawn his demand for a rehearing of
the case, there is but one thing left for
the Interstate commerce commission to
DO, which is to institute proceedings of
criminal nature, first, under the in
terstate commerce act and then under
the Elkins act. Part of the rebates
We're given by the railroad before the
Eikins law was passed, but others, ac-
cording to the commissioners. have
continued to be allowed by the Santa
t'e up to as late as last November.
When the commission first concluded
its hearings, which seemed to convict
the Santa Fe of having given illegal
rebates Commissioner Prouty express
ed his indignation publicly at the flag
rant character Of the violations of law
and declared prosecutions surely would
follow. ThereupOn President Ripley OF
the Santa Fe issued a statement, in
which he asserted Prouty had prejudg-
ed the case. that he was unfit to be
commissioner, and that the commission
as a whole was q useless and perhaps
a dangerous piece of public machinery.
Almost immediately thereafter Presi-
dent Ripley filed his petition for a re-
hearing.
Now, however, the Atchison, Topeka
& Santa FHe railroad has Withdrawn its
request for a. rehearing, although in
this withdrawal there is a mystery
which members of the interstate com
merce commission thus far have been
unable to fathom. In the papers OF
Wednesday there appeared a full copy
of the telegram from Ripley to the
commission, withdrawing his request
for a rehearing of the charges that his
road illegally had granted a rebate to
the Colorado Fuel and Iron company.
This telegram, although printed in
the papers the following day, never was
received by any member or the com
mission. They took notice of its publ
cation, however, and wired Mr.. Ripley
to know whether he really desired to
abandon the rehear1ng or not. UP 70
the time the Office closed Friday night
no answer had been received. Late at
night, however, a dispatch was receiv-
ed from MT. Ripley by Chairman Knapp
of the commission, in which the Santa
Fe president quot I'd the dispatch. ne
was said by the newspapers to have
sent on Tuesday. Inquiry at the West
7ern Union Office in Washington by di-
rection Of the commission developed
that no such dispatch by Mr.. Ripley
had been received here, and a similar
inquiry at Chicago developed that no
such dispatch had been fled by Mr..
Ripley with the Western Union COM
Members of the commission are in
dignant at the Santa Fe because they
think it's president has been juggling
with them. First he demanded re-
hearing, and then withdrew the de-
mand through a dispatch given to the
newspapers, although he seems to have
left the commission entirely IN the
dark. At their meeting they decided TO
abandon the rehearing, which they new
er considered necessary, but which they
had granted to relieve the strain be-
tween them and the Atchison, Topeka
& Santa, Fe railroad.
With the rehearing out Of the way
the commission will take up the testi-
rnony at once, and members intimate
unoff1cially that they are prepared to
district attorneys at Albuquerque and
other points to institute the prosecution
required by law, not only against the
Atchison, Topeka & Santa Fie railroad
but also against the shippers who re-
ceived a rebate, who in this case, of
course are officials of the Colorado
Fuel & Iron company.
This may bring the matter close 10 sec
refarv Morton. inasmuch as he was con-
nected with both corporations, but ne
never has been a factor in the case so Tar
the interstate commerce commission
NOW that there is no demand for a re-
hearing so that he cannot be called upon
rs Taxa testimony, Commissioner Prouty
decided today to give ms long deIerreq
answer to the sharp attack OF e1 president
that Commissioner Prouty statement has
been reviewed and revised by other MEM
bers of the commission, but sucn Is no
doubt the case, thus adding to the dig
nity of the answer the official influence Of
the commission as a body.
Taking up first the abandonment OF the
petition for a rehearing Commissioners
IT am not surprised that Mr. Ripley
has withdrawn his request for a further
hearing. He evidently has stopped tax
ing and gone to investigating. If he had
Investigated first and talked afterwards
he would have found himself IN a less
ridiculous posltion lnan ne NY r,1es
tion about the facts in this case Inc doc
uments which are e part q 5o ene recq q1,1
sworn admissions of Mr.. Biddle are to
the same effect
vears-the investigation did not extend
6eyond that-habitually has departed
from its published rates in favor Of the
Colorado fuel and Iron company It hasI
disregarded the act to regulate commerce I
as oriiernaIly enacted; it has defied the in
the spring of 1902; it has violated the pro- |
visions of the Elkins bill from the mo.
rnent of its passage down to the 9th OF
ssThese concessions to the Colorado Fuel
and Iron company weTe not fiTnas t.
$125 a ton. They were autnorlzed oy CIR
culars providing in terms that II the infor3
they were granted so far as this record /
shows to no other shipper. In all other
'sNfr 2iplev has stated that prejudged
his case. said nothing about the case
until his attorney had stated that the |
Santa Fe desired to introduce no further
testimony and expressed no opinion then |
sworn adroisSion If his chief traffic Of /
ncial 7 xTas indignant at the disclos- /
lres made before me and I had a right I
to be Mr. Rfnfev saws because pub 1
licIy denounced these transactions am
not fit to act as an interstate commerce /
commissioner.
Admitting that statement for the sake /
of argument I would in turn would IN |
qufre whether the people will leave it in I
the absolute power of a man such as he /
has shown himself to be in this matter /
to make or unnaake business enterprises |
over his whole railroad; to say this coal |
company SHAH do business and that coal