The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-27
Railroads Suits Against Rail-
road Board Consolidated.
Seventy Different Cases Are Now
Pending.
TO TEST EVERY POINT.
VIII All Be Included in a Single
Action.
This win Be Commenced by the
Santa Fe.

At a conference held in Topeka to-
day By attorneys representing the state
and other attorneys representing the
railroad companies Of Kansas, stipula-
tions We're drawn up and signed for
the consolidation of all the pending
lawsuits against the state board Of
railroad commissioners into one law
suit which viii be brought by the
Santa Fe railway company. and drawn
to include all the points at issue in
the seventy cases which are now pend
ing In the federal courts.
Attorneys Carr Taylor and A. z.
Helm, representing the state. signed
the stipulation on behalf OF the state.
For the railroad companies the sign
ers were W. r. Smith, n. H. LOOMS
Frank DOster. NJ a. Low and J. H.
Richards John Madden, general at
tprney Tor the NJ X. & T., was not
able to attend the conference. and
the papers will be sent to him for his
signature. He has expressed his ap-
proval of the plan on behalf of his
road.
The stipulation viii be filed with the
federal court as soon as it is signed
Up By the NJ X. & T.
within a short time thereafter the
attorneys for the railroad companies
viii file new case in the federal court
in the name of the Santa Fe against
the state board Of railroad commits
sioners- The papers in this new case
have not yet been prepared
A. y. Helm, who has been en-
ployed by the board of railroad com
rnissioners as special attorney In these
cases, said today.
1T has been agreed by the railroad
companies and the state to have one
suit filed as substitute for all the
pending cases. I believe that this VIII
be q saving of expense, and will also
expedite the hearing of the case by
the court. I don't know just how
many cases there are pending against
the board of railroad commissioners.
but each railroad company brought
suits on each Of the commodities /
Ieel confident that the move VIII be Of
advantage to the state. and viii result
~ considerable saving Of time and
j. 81. Richards of the Missouri Pacific
said. This consolidation Of cases
means big saving, especially to the
state The railroad companies have
consented to the cCnsOlida ton because
we have no desire to pile up unneces-
sary cost bills. It viii also save the
attorneys for the road a great deal Of
time in looking after so many different
cases There are eight commodities in
vowed in the cases. and a each Of the
eight railroads brought suit, 1t can
readily be understood what a large
numher Of cases viii be disposed of by
the consolidation"
Determines Existence Of the Board.
The ore cOnsOlidal ed lawsuit which
win be brought against the state board
Of railroad commissioners will determine
the right of the board to exist and issue
IT'S orders concerning the adjustment OF
freight rates The railroad companies
contend that the board has no legal ex-
istence. that it attempts to combine the
legislative and judiciaI functions. which
can not be done under the constitution
Of the state.
When the board attempted to issue
some orders reducing rates. as the new
railroad law provides 1t shall. the com
panies at first were inclined to obey,
but they finally discovered that the
widespread complaint against existing
rates would bring about q reduction all
along the line. They therefore sent their
attorneys to Topeka to talk the thing
over. with the result that 1t was decid-
ed to start the fight on the board. Each
road proceeded to act independent Of
the Others with the result that a great
multiplicity Of suits all involving the
same identical questions. were filed.
The present consolidation into one
test suit is no doubt the situation to
which the railroads were working from
the outset. The processes already is
sued against the board enioin the en-
fcrcement of the new rates pending a
judicial hearing OF the case.