The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-16
His Elaborate fluctuations Prov
ed to Be Faulty.
FROM OLD TARIFFS.
Those Used Had Been Cancelled
By Railroad.
Permission Given to Make the
Corrections.

evidence before the state board of
railroad commissioners, retired from
the witness stand late Wednesday af-
ternoon after being considera Div con-
fused and discredited by the bonn
bardment of questions to which he had
been subjected since the session com
menced at 8 o'clock in the morning.
The elaborate tabulations of rates
which Mr.. Resting had submitted to
the board, to prove the existence of
determinations against the interior
jobbers, were discredited, disproved
and finally handed back to Mr.. Resting
for correction. on one of the tables
it was shown by the railroad rate ex-
perts, fifty-tH.o out of eighty-nine
items were incorrectly quoted.
Mr.. Resing's mistakes in the prepa-
ration of the tables seems to have been
due to the fact that he used cancelled
tariff sheets in their preparation. The
railroad attorneys insisted that all of
Mr.. Resings incorrect tables should be
retained in the files of the board for
the purpose of discrediting Mr.. Res
ing's whole testimony as an expert rate
man.
It seems that al of Mr.. Resing's
computations were rendered incorrect
by the issuance of new tariff by the
railroads making a change in a single
sentence in the general construction of
the tariff. This slight general change,
which seems to have entirely escaped
Mr.. Resing's attention. was put into eff
feet only a few weeks before the gro
GER. commodity case was commenced
before the state board Of railroad
comm ssioners, and presumably after
Mr.. Resing prepared his table for use
in the grocery case. 1t is possible, OF
course, that the change was made for
Of q
railroads in better shape to resist just
such a suit as was commenced.
The attack on Mr. Resing's thirteen
elaborated tables was led by ]. R.
Koontz. general freight agent for the
Santa Fe Mr.. Koontz proved himself
to be an adept at cross questioning a
witness, as well as an expert on rates
item by item, he tore Mr. Resting
tables to tatters and compelled the wit
ness to admit, by reference to tn
original tariff sheets. that the evidence
which he had prepared for the board
was incorrect.
After it was all over Carr Taylor, at
tOrney for the board said:
1--WE realize that mistakes have been
made in these tables and we ask per-
mission to withdraw them for the con-
sideration of the board and present
correct tables in their stead. We. GER
tainly want to get at the exact facts IN
the case"
''If this witness has made mistakes, -
TefOrTeu n. III Looms. the OHiOu d
cific attorney, ait is our business to
criticise those mistakes. This man on
the witness stand is the very head
and front of the cOmplainants' case
He is supposed to be furnishing the
evidence upon which this action is
based. He came here presumably an
expert on freight rates. We have
shown that he does not know what he
know the character of this witness
and we wish it to keep tn csc tables
which he has prepared on file as part
of the records in the case. We pro-
pose to use those tables as basis for
our argument on the competency Of
George W. Wheatley. one of the
commissioners. then took a dig at Mr.
Resting. He said:
at certainly seems strange that a
man presumably an authority on
freight rates should present this mass
| of evidence to the board without be-
| ing in position to demonstrate its &C
| curacY. If his new tables are no bet
| ter than these can't see much use in
| letting him introduce them.
The board after comforting for some
/ time, decided to allow Mr.. Resting to
! correct his errors in new tables, but
| remain in the records, to form the basis
/ for the attack which the attorneys for
! the railroads will make on the credi-
| bility of the witness.
-
| Mr.. Resing's examination to the
/ question of what the rates ought to be,
in order to satisfy the interior jobbers.
Mr.. Resing had a system for figuring
out the fair and equitable rate on the
/ ton per mile basis.
How far is it from Wichita to En-
/ poria?'' asked Mr.. LOOMS of Mr.. Res
/ ing.
zone hundred miles"
'And how far from EmDoria to Kan
sas City?''
what is the rate from Wichita to
sa'Twenty-three cents per hundred
and from Kansas City to Empor1a p
Twenty cents"
Nov what do you figure the rates
ought to be to be fair and equitable?''
1.-THE rate from Wichita to Emporia
should be 10 cents; the present Kansas
/ City Emporia rate is all right"
Then you say that Kansas City job
bers ought to pay 20 cents for the same
distance that interior jobbers pay 10
THAT'S the kind of protection we
want" replied Mr.. Resting.
This seemed to be another point gain
ed for the railroad lawyers, and Mr..
LOOMS said:
'That's all we want to prove by you .
The railroads viii doubtless use this
admission of Mr.. Resting to prove their
/ contention that the interior jobbers are
/ trying to secure the Introduction of a
schedule which will keep all competi-
ton out of Kansas, so far as interior
/ iobbers are concerned. Carr Taylor
tried to counteract the effect Of Mr..
Resing's statement by securing a state
ment from him that Wichita and inter-
/ ior jobbing points do not desire any adj
/ vantage: that they are simply asking
for a Square deal He said that he fig
ured that 10 cent rate from wichita to
I Emporia on the same ton. per mile bas-
IS that the railroads now give to the
/ Missouri river jobbers.
On the whole. however, Mr. Resing' s
/ testimony was rather damaging to the
/ case Of the interior jobbers. It is likely
/ that the corrected tables viii go long
ways to set matters right, and regain
! the ground which seems to have been
/ lost