The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-24
CLAYWINS-MAYBE
Board Recommends That Town
Be Given Rates.
Railroad Hen Say Request Will
Probably Be Granted.
MAKE A GOOD CASE.
Commissioners Admit That
There Is Discrimination.
Only One Railroad Man on the
Stand.


Instead of Ordering" the Union Pa
ciAc and the Rock Island to put in job
bing rates at Clay Center the state
board of railroad commissioners today
issued an order recommending that
within 80 days the two roads put in the
rates as asked for by the complainant.
In this way the board sidestepped an
awkward dilemma which had presented
itself Commissioner George Wheatley
announced the decision of the board, af-
ter the commissioners had put in most
of Thursday afternoon listening to tes-
timony and argument He said
THE commissioners are unanimous in
agreeing that Clay Center Is discrimina-
ted against by not having these job
bling rates. But we are also unanimous
in the opinion that this board mas no
authority to compel the roads to put in
the rates at Clay Center without also
putting them in to every other town in
the state.
We have decided that the board will
make a recommendation to the rail-
road companies, in writing. and make
1t as strong as possible. that the jobbing
rates be given to Clay Center. If the
roads then refuse to put in jobbing
rates at Clay Center. we will take up
that portion of the PLAINTIFFS petition
which relates to the cancellation of all
jobbing rates in the state. This recon-
mendation will be issued at once, and
viii take effect within 30 days"
After the opinion had been given,
Paul Walker, attorney for the Rock Is
land said: I expect the roads will COM
ply with the recommendation.
1t was clearly brought out at the trial
of the case that the traffic department
or the Union Pacific railway had favor
ed the granting of the jobbing rates to
Clay Center, but that the legal depart
ment had taken the case out of the
hands of the traffic department, on the
ground that the granting OF such rates
would be invalid.
d. A Valentine. of Clay Center, was
the first witness for the plaintiff Mr.
Valentine testified concerning the
population of the city of Clay Center.
E. c. Sinner. the freight tariff ex-
pert employed by the board of rail-
road commissioners. then was placed
on the stand and presented tabulated
statements showing that under the ex-
listing rates. Clay Center pays from 1
TO cents per 100 more to reach
points with which it does business than
other Kansas towns which have job
bling rates.
A. J. Hartman, the proprietor of
the broom factory at Clay Center.
testified that he had been in business
there for six years and has a factory
employing men He said he shipped
on an average of ton day. He said
that he was obliged to shave his profits
in order to compete with other broom
factories in the state. He stared that
unless he could get jobbing rates at
Clay Center he would move to Con-
cordia. and that If he could get rates
he would enlarge his Clay Center fac
tory.
W. A Nunson. jr. president of the
foundry company. gave testimony sim
liar to that of Mr. Hartman, and said
mat he would have to move his fac
tory away from Clay Center unless he
could get rates.
George W. Hanna, mayor Of CLAY
Center. was the next witness. He
stated that as mayor of his town he
had tried to secure certain industrial
concerns, and had failed because his
town could not offer jObbing rates.
He said that Concordia was irving TO
take away the factories already To-
Gated at Clay Center.
The only witness put on by the rail-
road companies was H G Kahn
freight traffic manager of the Union
Pacific. Mr.. Kali presented state
ments TO show the amount of tonnage
which the broom factory and the
foundry had produced during the mast
year. The attorneys for the state
Tried to secure from Mr. Kaiu an ad-
mission that the traffic officials of the
Union Pacific and Rock Island had
lgreed not to grant the jobbing rates
. Gay center without an order from
he board. but testimony on this was
uled out by the board of railroad
commissioners. It was during this
pairing. however. that Robert Blair.
lttorney for the Union Pacific. as
umed on behalf Of the legal depart
aent Of his road the responsibility for
ne refusal to give Clay Center job
Hug rates.
The attorneys made short speeches
closing the case Carr Taylor and