The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-30
ROADS HIT BACK.
Attack COnstltutionality Of Kan
sas Railroad Board.
Their Acts Violation of Inter-
state Commerce.
ACTION is COMMENCED.
Union Pacific Files Suit in Fed
eral Court.
Judge Pollock Asked to Set
Aside Boards Order.
THE HOCKADAY CASE.
Reduction in Rates on Hard
ware Ordered.
Claim This Affects Prices Out
side the State.
Judge Pollock Asked to Set
Aside Boards Order.
THE HOCKADAY CASE.
Reduction in Rates on Hard
ware Ordered.
Claim This Affects Prices Out
side the State.

The constitutionality of the Kansas
board Of railroad commissioners, its ju-
diclaI. legislative and executive powers
has been attacked by the Union Pa
cifc railroad in a bill Of procedure fled
on Wednesday evening in the United
States circuit court In this city.
Primarily the action asks that Judge
Pollock set aside the order Of the board,
made on October 81, fixing rates on car
load shipments of hardware from Atch-
ison to Wichita, Hutchinson and Sa-
lima.
The object and necessary effects Of
the order as it now stands, is to re-
duce the interstate rates and compel q
reducti6ffaa Of tariff on car load lots of
hardware which are shipped from points
outside of the state into Kansas. Int
bill alleges that all hardware IN carload
lots comes from Mississippi river points
and points east thereof and that no
hardware is shipped in carload lots from
AtchisQn to Kansas points; that whole
sale merchants Of Wichita, Hutchinson
and Salina viii take advantage Of rates
fixed by the railroad board, by shipping
their hardware locally to AtchisOn and
then from AtchisOn locally to points in
Kansas, and by doing this they would
get a reduction on through rate Of eight
cents per 100 pounds. The complainant
claims that it VIII necessarily lower
through rates.
Point Raised by Walker.
This same point was made by Com
missioner Walker in his dissenting
opinion.
The bill claims that Missouri river
and interior jobbers are on parity
so far as rates are concerned; that
81 the order of the BOARD stands, ID
reduces the total freight rate which
Wichita, Hutchinson and Salina Job
hV~ 6 rs de-
and gives no reduction whatever to
Missouri river jObbers; that this dis
eliminates in favor, of Wichita, Hutch
inson and Salina against AtchisOn,
Leavenworth and Kansas City.
The bill alleges that the rates were
fixed with the object and intent to
favor Hutchinson, Wichita and Salina
against jObbers from Kansas City,
Leavenworth and Atchison, to ex-
clude the eastern points from business
In the territory of the last three
named towns. The last three tOWAs
are claimed to have a monopoly Of
the business west of them. 4
Are Rates COnfscatOry2~
The claim is maas~ that che rates
are conhscatory@And fixed on condi-
tions obtainjzs in Missouri rather
Then the claim is ses. up that the law
So unconstitutional in thai it violates the
constitution OF Kansas as well as the
fourteenlh amendment of the constitu-
tion o the United States The bin
groups together certain sections of the
law authorizing the board to determine
the Feasonableness Of existing rates as
WeN as the reasOna bleuess Of charges
10Y services already performed and all
leges that this is the conferring of iu-
uicial powers on a tribunal not recog-
nized as court The board is also en-
pOWered to fix further rates. and on this
basis lhe complainant alleges that the
hoard has legislative powers conferred
upon it.
Certain other parts of the law are then
quoted, which are claimed to confer ex-
ecutive and administrative powers. The
bill charges that by cOnferring judicial
legislative and executive powers on the
same board, that this makes the law IN
constitutional
This point" said n H. LOOMS, who
filed the bill, was decided by the SUI
preme court Of Kansas in the court of
visitation case, and by Judge Hook Of
the federal court in a similar case at
about the same time"
Fifteen Defendants.
Fifteen defendants are named in the
suit Those outside Of the board of
commissioners are made parties for
ene sake Of various points in the ale
sauons- The defendants are as fol-
e9Ws- The board of railroad commits
sloners, Carr w TAYLOR C. C. Cole
man, Hockaday Hardware Co. Coli
day Hardware Co.. H. D. Lee Hard
ware Co, A. ]. Harwf Hardware Co.
6lloh-Mize Hardware Co, J. w
Coanger Hardware Co, A. T. & S. F.
h- r. Co., C. r. & l. p r. r.. Co.
Missouri Pacific r. r. Co, St. Louis
O. san Francisco r. r. Co.
The points by which the matter gets
into the federal court are diverse cfti-
zeaship and the involving ef federal
questions such as confscatory rates
Interstate commerce and the claim OF
violation of the fourteenth amendment
OF the United states constitution.