The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-27
lose FIRST ROUND
Santa Fe Tries to Prevent Hook
aday Hearing.
Board VIII Consider Case on
Merits July IL.
KOONTZ LEFT ALONE.
Calls Down Carr Taylor for Mis-
representation,
Attorney for Board Said Rail-
roads Intended to Go to Court.

The Santa Fe. left to fight its bat
tie alone against the Hockaday Hard
ware company and other Kansas hard
ware companies, sustained a defeat
in the first round of the fight before
the state board of railroad commis-
sioners Monday afternoon The board
overruled the Santa Fe demurrer to
the evidence introduced on behalf of
the Kansas hardware jobbers, and an
nounced that the case would be taken
up and considered on its merits and
a decision rendered on July II.
No effort was made by the Santa Fe
to defend itself. A. A. Hurd, the at
torney, simply stated that he would
stand on demurrer to the evidence.
In court procedure, the overruling of
the demurrer under such conditions
would end his case, but it is a little
different before the commissioners.
The commissioners will now decide
whether or not the hardware men
have made a case which warrants an
order for a reduction of rates.
After Mr.. Hurd had made his de-
murrer to the evidence, he said hs
didn't have time to stay any longer,
and left the room.
Attorney Carr Taylor, on behalf OF
the board, said: Since Mr.. Hurd has
gone, and has announced that he will
stand on his demurrer, take It that
he has practically decided to carry this
up to the courts from the decision OF
| the board, whatever it may be, If it
does not sustain his demurrer"
st want to object to that said
/ Freight Agent J. r. KoOntz, the only
| representative of the Santa Fe left in
the room Il don't want to sit here
| and hear Mr.. Hurd's position repre-
sented that way. He did not mean
/ that, and it should not be put before
/ the board in such a. way as to preiu-
/ dice our case. We have never refused
to obey an order of the board, have
we?"
mo, you haven't up to this time.
said Mr.. Taylor, but I was simply
stating what Mr.. Hurd's remarks and
/ action indicated
When the case was started it was
directed against the Santa Ee, Rock
/ Island and Missouri Pacific, and cor
cerned the freight rates on hardware
shipments from Ateilison to Wichita.
Yesterday, the Colladay Hardware
company, of Hutchinson, and the Lee
| Hardware company, of Salina, two
eother Kansas hardware Jobbers, Joined
1 in with the Hockaday concern. When
4 the board of commissioners went into
| session Monday afternoon, the first
move on behalf of A. E. Helm, Of
! Wichita, attorney for the Hockaday
| concern, was to dismiss the complaint
| so Tar as II concerned the ROCK IS
! land and Missouri Pacific. Both of
/ these lines send their. Kansas ship
ments outside the state in shipping
from Atchison to Wichita, and conse-
quentIy are beyond the jurisdiction OF
the Kansas board. But the attorneys.
well knew that if they could force the
Santa Fe to reduce its rates, the other
roads would be obliged to follow suit.
The contention of the hardware job
/ bers is that hardware is carried from
/ eastern points to Atchison, on the
! Missouri river. for a very much lower
rate per ton mile than 1t is carried
! from AtchiSon over into the Kansas
points. For example, a hundred
pounds of shot is hauled from st. Louis
/ to AtchiSOn for ten cents, but the
rate from Atchison to Wichita, very
nearly the same distance, the rail-
road companies collect twenty-five
! cents. The result is that the Missouri
river hardware jobbers are able to uu-
dersell the Kansas hardware jobbers
/ throughout a greater portion of the
natural Kansas territory.
Three witnesses were examined on be-
/ half of the complaining companies.
/ They were I. n. A1Ockaday Of Wichita.
! Charles I. Schwartz, vice president OF
the Lee Hardware company, and Frank
! COlIaday, president of the Colladav
| Hardware company Of Hutchinson. They
/ all testified to the facts set forth above,
and cited many instances to show that
1 the rates from Atchison to Wichita
| should be cut down about one half
What about intermediate points %
was asked by Commissioner Walker.
They should have a proportiouate re-
/ duction,' said Attorney Helm.
| tAll we ask" said Mr.. HOckaday, "is
a fair deal. We are willing that any
/ body who wants to should start up
| jobbing house at an intermediate point,
/ and get the benefit of the reduction.
What we object to is a discrimination
| in favor of Missouri river points
A A Hurd, attorney for the Santa
/ Fe. argued that nothing had been in
/ troduced to show that the Santa Fe was
I discriminating against Wichita in favor
/ of any other Kansas point; that all
/ Kansas points are on the same basis
| and that the discrimination about which
/ the petitioners complain is all outside
/ of the state, and consequently beyond
! the Jurisdiction of the board. He then
/ demurred to all the evidence, and left
/ the room.
A. E. Helm and Carr Taylor spoke
! briefly against Mr.. Hurd's position,
and the discussion ended in sort of a
free for all debate, in which Freight
an important part. Embry said that
the extremely low rates between the
| Mississippi and Missouri rivers were
due to the fact that all the roads had
to meet the competition of a line zoo
| miles long, and that consequently the
real basing distance was much shorter
/ than between Atchison and Wichita
This, he said, explained the fact that
rates between Atchison and wichita
are higher than between apparently
similar distances outside the state.
The attorneys for the complainant
companies filed with the board a lot
Of tables and statistics to establish
their positions, but it was decided that
no briefs should be fled IN the case.