The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-29
Pullman Company Not Satisfied
With Railroad Law.
Claim That the Law DOesn' t
Touch Them.
BY A GARDEN CITY MAN
Mr.. r.. S. Cones Started All the
Trouble.
Rates From Western Kansas
Points Didn't Suit Him.

It is understood that the Pullman
sleeping car company has decided to
make an effort to smash" the state
railroad law SO far as it gives the
board of railroad commissioners any
control over sleeping car companies.
Rossington, Smith & West, the at
torneys for the Pullman company, will,
it is believed take the position that
the law is invalid because the title of
the bill as passed contains no refer
ence to the Pullman car company, or
any other sleeping car company. It is
simply entitled An act relating to
railroads and other common carriers
The sleeping car companies are not
railroads, and it is a question whether
they come under the general definition
of common carriers. It is very
close point, and gives the Pullman
company a good fighting show to
win.
Although the title of the bill con-
tains no reference to sleeping car
sioners authority in the following
terms:
said commissioners shall have the
general supervision of all railroads
operated by steam within the state,
and all express companies sleeping
car companies, and all other persons,
companies or corporations doing bust
ness as common carriers"
These provisions are contained in
the law of 1901. The new railroad
law, passed by the last legislature, did
not repeal the section of the 1901 law
relating to sleeping car companies.
All this trouble for the Pullman
company was stirred up by r. S.
Cones. Garden City man, who on
April 5 filed with the state board of
railroad commissioners a complaint
about Pullman rates, and about the
methods of handling business. Mr..
I Cones in his statement to the board
says that he was compelled to pay So
for a berth from Garden City to Kan
Sas City a distance of 400 miles. while
the charge from Kansas City to Chi
cago. d distance of 456 miles, is only
$3.50. The charge from Denver to
Kansas City, through Garden City. IS
$3.50. though the distance is nearly
twice as great as from Garden City to
Kansas City.
Mr.. Cones charges that this is dis
elimination, and that the board of
railroad commissioners should fix it so
that he can get the benefit of the same
rate that exists between other points
on the line.
Mr.. Cones also says that the Pull
man company should be required to
instruct its porters not to let down the
upper berths when they are not to be
occupied.
Answer Is Overdue
Although this complaint of Cones was
nied on April ., ana the answer was
due from the Pullman company 10 days
| thereafter, no answer has been filed. and
it is now up to the board of commits
sioners to fix a date for the hearing Of
| the complaint.
The rule is that when q company
fails to file it's answer within 10 days
the board shall set the date for hear
/ ing and proceed with the case The
| company can appear and defend itself
or not, as it pleases. If the board is
sues an order for the company to do
certain things, the case will then get
into the courts, and that is where the
| Pullman company will doubtless try to
make its fight.
When the board was in session in
Topeka this week, no action was taken
! in the Cones case It was not even set
| for hearing. The Understanding seemed