The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-10
co RIGHT TO WORK.
Carr Taylor Hopes for Good From
Coal Rate Case.

Carr Taylor, attorney for the state
board of railroad commissioners, an
nounced today that the taking OF testi-
mony in the Kansas coal rate case will
begin at once, and that the case will
come up for hearing on or about Sep
tember is.
81 hope to have this coal rate matter
adjudicated," said Mr.. Taylor, ''in time
for the people of Kansas to get some
benefits before cold weather begins. Of
course this may be impossible if the
railroads adopt tactics to delay this,
but the state is going to do its part.
Mr.. Taylor expects to take good
deal of testimony in the case, and it IS
likely that the railroad companies will
also need considerable time for the col
lection of their evidence.
Most of the roads have filed as an
swers a general denial, but the Missouri
came in today are of a more specific
nature, and discuss to some extent the
merits of the controversy
The Missouri Pacific answer is filed by
J. H. Richards, B. p Waggener and
Frank Doster. 1t is claimed that any
reduction in the present coal rates
would in effect be confiscatory-
This respondent further avers," says
the answer, that any reduction IN ex-
isting rates would necessarily largely
reduce the rate on interstate shipments
of that commodity on lines passing
from points outside the state of Kansas
through said state to other states, as
well as between points without the state
to points within the state, wherefore
your honorable board is without power
or right to make the order prayed for
in said complaint"
The Missouri Pacific also claims that
the proposed reductions would not do
away with alleged determinations, but
would result in producing new inequal-
tiles.
The Burlingtons answer is quite
voluminous, and goes into the merits
of the coal case to a considerable ex-
tent. 1t contends that it owns. no
lines connecting with Kansas coal
mines, except a line from East Leav-
enworth, Mo-, to Leavenworth- 1t
contends that traffic on this line is IN
terstate commerce.
1t is also denied that "coal is, or
should be, a low class commodity. but
AYERS the fact to be that the business
| of transporting coal is one of the most
inconvenient, and frequently and gem
orally costs more to move than any
other class of freight hauled" The
reasons for this are set forth as fol-
| lows: First, that coal requires cars OF
peculiar construction, necessitating the
running of such cars back to the coal
fields empty without compensation;
second, that coal is subject to THEFT,
necessitating watchmen at all points
where delay occurs; third, that coal IS
subject to loss of weight as a result or
|
quired by law to employ weighmasters
at their own expense; fourth, that
cars are subject to constant and un-
varying damage, due to the nature OF
| the commodity hauled.
"This defendant also Denies, says
the answer, "that railroads can be
constructed, operated or maintained IN
| the state of Kansas at less expense
than in other states, but alleges the
fact that the lines of this defendant in
| the state of Kansas are constructed
| through a broken country, subject to
overfiows, washouts and landslides.
| 1t is possible that the coal operators
in Usage county will file an interven-
ing petition in the case, as they have
certain grievances against the railroad
companies which they say will not be
governed by the original petition which
of the Usage county operators called
lover the situation. 1t is likely that q
mass meeting OF all the operators IL
| the Usage field will be called shortly
and the matter presented to them fol
consideration. They may decide tc
employ attorneys, and file an interven-
ing petition. The Usage county people
not only claim that the Santa Fe has
been giving Pittsburg the benefit OF
better rates. but that Usage county has
/ been obliged to load its coal into boz
cars instead of coal cars, at an ex-
/ pense of 10 cents per ton more thar
loading into coal cars. They say tha
! this policy of discrimination is driving
| Usage coal out of the market in favor
of Pittsburg coal, on which the rail
road companies get longer haul.