The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-14
COT WRONG Man.
Santa Fe Rate Hearing Is Sud
denly Postponed.
Mr.. Healy Not the Official
Wanted.
ALL ARE DISMISSED.
Mr.. Monnett Says They VIII Be
Called Back.
Taking of Testimony Continues
at Chanute.

4
The taking of dispositions in the suit
brought against the Santa F'e railway
alleging violations Of the Kansas anti
trust laws came to a sudden termina
ton today at noon, when Frank Mon
nett, who has been conducting the case
on behalf of the state moved to dismiss
all the officers of the Santa Fe railway
who had been subpoenaed to be exam
ined as witnesses in the case.
Only two witnesses have been on the
stand One was w. ]. Black, general
passenger agent. and the other was W.
J. Healy, freight auditor. Mr.. Healy
has been on the stand for three days. 1t
developed in the cross-examination of
Mr.. Healy this morning by Robert
Dunlap, general counsel of the Santa
Fe, that Mr.. Healy was the wrong per-
son to testify in regard to the matters
which were inquired of by Mr.. Mon
nett.
The matters relatfng.to the rates are
under the direct charge of j. r. KoontZ.
general freight agent, and he was one of
the witness who was subpoenaed to
appear to give testimony.
Mr.. Koontz cancelled some engage
ments in the east to be in Topeka to
appear as a witness He was ready to
go on the stand yesterday afternoon
and this morning, but he was not called
for. The sudden determination of Mr.
Monnett to dismiss the witnesses VINO
have been served with notices to appear
in this case was received with consider
able surprise.
Railroad of1cials reached the con
clusion that the prosecution. of the
case would be ended by the dismissal
of the witness upon whom notices
Mr.. Monnett announces that the
witnesses were dismissed simply ac-
cOrding to regular form. 1t. is the in
tentiOn to take dispositions at Chanute
tn nraealy
later. 1t would be contrary to legal
form, SO Mr.. Monnett announces. to
hold the hearing open until a later
date without the consent of both
announces that notices will again be
served upon all the witnesses who
have not yet testified.
w. J. Healy, freight auditor, was
on the witness stand all forenoon. The
cross examination of the witness was
conducted by Robert Dunlap, general
counsel for the Santa Fe.
The object of the cross examination
by Mr.. Dunlap for the Santa Fe was
to establish the fact that the witness,
Mr. Healy, as freight auditor, was not
the proper person to give testimony in
regard to the rates of the defendant
railroad
The attorney brought out by ques-
tioning that the witness was not vest
ed with the rate making power, and
that his evidence given in the direct
regard to the Interpretation of the
tariffs which were submitted to him
from the traffic department to govern
him in handling the accounts of the
auditors office.
The witness testified that he had no
means of knowing why any particular
rate was made or changed at any
time.
Mr. Dunlap asked during the cross
examination for the opinion of the wit
ness in regard to the regulation requir-
ing the prompt unloading of tank cars
at points of destination.
Mr. Healy said: II understand that
the operating department of the rail-
road asks that that regulation be en-
forced for the reason that tank cars
standing on tracks in the yards where
sparks from passing engines may set
fire to the oil. makes that class of equip
ment extra hazardous. For that reason,
and l believe for no other, is the rule
made requiring the prompt unloading
of the cars and the refusal of the rail-
roads to accept demurrage of that class
of equipment. The rule has been en-
forced by all railroads and as long as
1 can remember, to the best of my
knowledge
Following the cross examination of
the witness, Mr.. Dunlap moved that the
evidence of the witness in regard to
rates be stricken out