The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-21
SHIPPER AND SOLON.
They Differ Materially Over Railway
Legislation.

George w. Hackney, of the Topeka
Milling company, has wide differences
of opinion and understanding of fact,
compared with the views of Senator
laws. Mr.. Smith stated his position
recently. Here is Shipper Hackney S
view from his standpoint:
1.-The Carver bill contains the same
provisions in favor of the small ship
per that Smiths bill does and it con-
tains the additional provision that
where the small shipper is afraid to
make complaint or cannot afford to,
the board can take the action upon its
own motion and does not have to
have a complaint made. at the same
time the shipper has the privilege of
making complaint just the same I'M
der the Carver bill as he has under
the Smith bill.
Furthermore, under the Smith bill
the board of railroad commissioners
can only suggest to the railroads what
corrections they would like to have
made and If the railroads refuse the
board of commissioners must take the
matter through the courts at heavy
expenses to the state or to the indi-
Vidual as the case may be and cannot
obtain redress possibly for months.
Under the Carver bill the ruling of
the board becomes effective practical
~ Immediately and if the railroads do
not agree to the ruling of the board
or If the shipper does not agree to the
the privilege of appealing to the
courts. but meanwhile the rate is in
effect until changed by the court.
According to Senator Smiths state
ment the large miller has an advantage
over the small dealer under the milling
in transit rate. This is not true. The
small miller has every advantage ac-
corded to the large miller on milling in
transit and neither the small or large
miller has any advantage over the
wheat producer or wheat shipper on ac-
count of the milling in transit rate.
Milling In Transit Rate.
Senator Smith further states that
the Illinois, Iowa and Missouri laws do
not allow the milling in transit rate
when the Texas law does. The fact is
that the mills in all Of the states men,
toned have milling in transit privileges
under their laws which are nearest like
the Carver bin. but all of which are
more drastic than the Carver bill.
THE difference between the Carver
bill and the Smith substitute IS that
under the Carver bill a small shipper
who cannot afford to hire an attorney
and take the time and money to fight
petty Determinations against him made
by the railroad companies is taken care
or by the board of railroad cOmTniSSi lon
ers without his being forced TO even
make a complaint. Most small shippers
are afraid of antagOnizing the railroads
and will suffer untold small losses rath-
er than get the railroads down on
them as one small shipper explained.
As a matter of fact the present rail-
road law which is now in effect makes
It possible, so one of the board of rail-
road commissioners informed me, fo2
a small shipper to make complaint
simply on a postal card without doing
so IL formal manner, but after he has
made complaint ii the railroad board
does not feel like taking the matter UP
through the courts at heavy expense
and good deal Of work the matter is
dropped.
Old Law Under New Name.
1.-THE bill prepared by Senator Smith
Is practically the present railroad law
under a new name. If a rate is not fair
and a shipper brings complaint the
board simply requests the railroad to
correct the abuse. If they refuse to do
this the shipper and the board have 10
take the matter UP through the courts
Under the present law it has been found
that the board has no power whatever
to alter. amend or change any distance
tariff because If a complaint is made
regarding a rate of a distance tariff
the board requests the railroads to
change the rate and the railroads say
We cannot change this rate because it
will be in conflict with the other parts
of the state. Under the Carver bill the
answer Of the railroad board to this
would be Then we viii correct the rest
Of the distance tariff to apply The fact
is that the states of Illinois. Iowa. Mis-
souri,, North and South Dakota and