The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-26
SPRINCASURP RISE
Cattlsmen Dismiss Their Rate
Cases Today.
Announce That They'll Begin
All Over.
MR.. COWAN is HERE
Famous Texas Rate Lawyer APP
pears for StOckmen.
Announced Two Actions Will Be
Commenced.
IR. COWAN is HERE


When the cattle rate eases were called
for hearing before the state board Of
railroad commissioners this morning.
the cattIemen sprung surprise by hav-
ing on hand S. H. Cowan. of Fort
Worth. Texas. the we'll known Texas
freight lawyer to assist Carr w. Tay-
Tor in the prosecution of the case.
A still further surprise occurred when
Mr.. Cowan arose and moved to dismiss
both the general cattle rate case and
the Clark county cattle rate case.
The present complaints" said Mr.
Cowan, do not reach the vital points
at issue, and we desire to file new
petition, setting forth more in detail the
various points which we claim should be
adjusted by this board
A A. Hurd, attorney for the Santa
Fe. speaking on behalf Of the railroad
companies said:
We have no objection to the dis
nissal of the cases. OF course we hold
that the general case filed by the state
of Kansas, ex rel Carr ". Taylor, is
invalid because of the title, and as far
as the Clark county case is concerned,
the railroad companies would prefer to
have a new complaint fled which vii.
raise all the issues and give the other
railroad companies chance to be
heard. The Clark county case is direct
ed wholly against the Santa F'e, and
naturally all the railroads in the state
want to be represented in the hearing.
The attorneys for the cattle men can
file a new case at any time which Will
raise all of the issues
Mr.. Cowan asked that the attorney for
the cattlemen be given until the opening
of the afternoon session to file motion
in, full the for ask
ing that the cases by dismissed.
I'VE want to have this matter go on
record before this board in its true light,
so that there may be no mistaking our
reasons for dismissing the suits"
why not dismiss the cases now
said Mr.. Hurd. land give the gentle
men leave to print, as they do in con-
gress? There's no use Of us staying
here just to hSar a long winded mo-
ton Dismiss the case now, and file
the motion with the newspapers this
evening"
'sThat's all right. but we object to
any newspaper articles being filed with
the board said W. r. Smith. general
attorney for the Santa Fe.
''Why % retorted Cowan quickly,
don't you go to the newspapers with
the things you want the public to
know about2"
The members of the board decided
that they would allow the cases to be
dismissed at once and let the motion
be fled later.
Mr.. Cowan. who appeared in the ac-
ton today. Is attorney for the Amer
lean Live Stock association. and other
cattlemen's organizations and his
practice of late has been largely con-
fired to fighting rate cases and dam
age suits against railroads. He ranks
high among the attorneys Of Texas,
and has been prominently mentioned
as candidate for member of the in
terstate commerce commission. He
said after the hearing adjourned to-
day;
ssOur reasons for dismissing these
suits will be fully set forth in the mo-
ton which we will file. I think there
/ is no doubt that the cattle rates from
southern Kansas are too high
1.-THE interstate commerce commits
/ sion has substantially said this in a
4 former ruling, and we believe there
/ will be no difficulty in securing relief.
! We intend to file new case which will
bring up all the points at issue, and
touch upon the interstate commerce
/ features involved"
what Is the status Of the rate fight
| in Texas7'' was asked.
I'VE now have a case pending in
1 the federal court at Austin" said Mr..
1 Cowan. (which will test the whole
question of the right of the state board
/ Of railroad commissioners to make
rates The railroads have challenged
the whole system of freight schedules
put into effect by the state commits
sioners''
what about the fight which is being
made on Senator Bailey of your slater
1 was asked.
II don't care to discuss that" re-
piled Mr. Cowan. Senator Bailey has
always been a good friend of mine.
and I have nothing to say about the
/ present difficulty
VIII Bring Two Proceedings.
It was announced this afternoon 10y
| the attorneys for the cattlemen that
two proceedings win be commenced at
! once.
one will be before the interstate COM
merce commission for the purpose Of
| securing a reduction in freight rates
/ on cattle implements, and various 9TH
| er articles of commerce.
/ An action will also be started to com
! pei the railroads to establish a station