The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-19
IN BATTLE ARRAY.
Railroads and Shippers Meet in
Topeka Today.
Hockaday Case Marks Opening
of Big Guns.
WILL TRY TO DODGE 1T
Railroads Deny the Jurisdiction
Of Board.
Missouri River JObbers Are
Taking a Hand.
Expect to Lose Before Board
But Will Go Higher.

At o'clock this afternoon, the
Hockaday hardware case, which prom
ises to be one of the most bitterly
fought freight rate suits in the his
tory of the state, came up for hearing
before the state board of railroad com
missioners.
Attorney Carr w. Taylor opened the
battle by filing a demurrer to the in
terplea which was allowed by the
board to issue to the Missouri river
jobbers. Mr.. Taylor's demurrer set
forth that the interpIea denied nothing
in the original petition, and that it
should have no standing before the
board.
The demurrer was argued at con-
siderable length. A. Z. Helm, of
Wichita is assisting Mr.. Taylor in the
case. The Missouri river jobbers seem
to have turned their fight over to the
railroads. Nearly every railroad in the
state of Kansas is represented by its
full battery of legal talent
I. N Hockaday, of Wichita, Frank
Co11aday, of Hutchinson, and H. D.
Lee of Salina. the three interior Kan
sas hardware jobbers who started the
SUIT, were all present.
This forenoon, the hardware men,
with their attorneys, rate experts and
MIR. Taylor, the boards attorney, were
in conference for nearly four hours in
tite ordinary of the Copeland hotel.
They were getting their case IN shape
for Presentation to the board There
has been no talk of compromise, 50
far as can be learned.
The railroad attorneys say they are
in the fight to a finish, and that they
will claim that the Kansas board has
10 jurisdiction in the case. They will
say that the suit seeks to regulate an
interstate tariff.
The representatives OF the interior
Kansas hardware jobbers seem to be of
the opinion that they are going up
against a cold deck" One of them in-
timated that the board was certain to
decide against them, and questioned the
freedom of certain members Of the
board from railroad influence
We know how it is going to go be-
fore the board said this gentleman,
but this is only the start of the fight.
this merely gives the outlines of the
battle. 1t viii be carried right up into
the higher courts, and we will fight it
out on that line. We know we are up
against long and bitter contest
Each side has stenographer at work
taking the testimony before the board
this afternoon. The hearing is not like
ly to be completed today.
Review OF the Case.
The Hockaday Hardware company
case is one of two important suits
pending before the state board of rail-
road commissioners to determine the
equity of a freight rate condition
WHICH ENABLES JODD0ES at Kansas CITY,
Mo-, and other Missouri river points
to ship their goods in less than car
load lots to nearly all parts of Kansas,
curtailing to a very limited area the
Teld of the jobber who tries to do
business at the interior Kansas town
In the other case, it is the interior
grocery Jobbers who are asking for
rsadjustment of rates.
1t was on May 25 that the Hockaday
Hardware company of Wichita filed it's
case before the board of railroad com
nlissioners, setting forth the freight
tariffs to which it objected. While the
grievance was really against an inter-
state rate, the Hockaday people clever
" put the matter within the iurisdic-
ton of the Kansas state board by OBJ
Ject1ng to the Kansas end of the rate.
1t was shown that the carload rate
from Atchison to Wichita is much
higher than the carload rate from ST.
Louis to Atchison, in spite of the fact
that the st. LOuis-Atchison haul is
over loo miles longer. OF course
goods are not really shipped in car
"a load lots out of Atchison, but if the
Hockaday company could force the
adoption of a low Atchison- Wichita
rate, it would simply combine it with
the st. Louis-Atchison rate and secure
its object.
Between st. Louis and Atchison. the
shortest distance is 324 miles over the
Wabash. Between Atchison and Wich-
ita the shortest distance is 21I miles
over the Santa Fe. A few compa ra tive
rates on carload lots will be of in
terest: