The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-11-26
new FREIGHT LAW
One May Be Enacted by Coming
Legislature.
Talk " hich Strikes Terror to
Railroad Officials.
TAYLOR is READY.
Will Resume Filing Cases Soon
as New Board Is Installed.
Suit In Federal Court Has Made
Little Progress.

There is some talk about the enact
ment of a maximum freight rate law for
grain at the coming session of the leg
islature. Such law, If introduced
would cause one of the big fights of the
session, but if it could be enacted into
law, and made to stand the test of the
courts it would be of vastly more bene-
fit to the shippers of the state than the
2-cent a mile proposition would be to
the passenger traffic
The maximum freight rate law is the
terror Of the railroad companies, and it
would not be difficult to draft a law
providing maximum rates on grain. The
state board of railroad commissioners
had a grain rate" case up before it
about year ago. and the result of that
case was an order of the board reduc-
ing grain rates per cent. This was
not nearly as much Of a reduction as
was asked for. and the grain men have
not been satisfied with the result of the
case.
There is already on the statute books
maximum freight rate law for the
transportation of oil. and the railroads
compiled with that law without making
a fight. It is not likely, however, that
the companies would submit to a cut
on grain rates such as might be de-
manded by the legislature.
The Introduction of such law may de-
pend a good deal on the attitude of
the legislature toward the railroad uues-
tion. If the legislature indicates by its
action that 1t is controlled by the rail-
road interests, it would be of little use
to introduce a maximum freight rate
Will Resume Filing Cases.
Carr w Taylor, attorney for the state
board of railroad commissioners an
nounced today that he would resume
the filing of cases for freight rate re-
ductlons as soon as the new board OF
railroad commissioners takes office.
expect TO file new cases covering
number of different freight rate redllc-
tions,' said Mr.. Taylor. "and among
those cases will of course be the hard
ware and implement case and the cat
tie rate case, both of which were
thrown out of the commission because
Of technicalities. The cases win pa
brought in practically the same form
before the new board Of railroad com
nlissioners, and will be pushed as rap
idly as possible
Cases involving reductions on other
lines of merchandise will also be start
ed before the new board. 1t Is not like
ly that any more new proceedings will
be commenced before the present board
1T is likely that the plan of COM
pelling the railroads to establish freight
depots and issue rate sheets to Kansas
City Kan, will be taken up through
legislative enactment. At present the
railroads bill all stock to Kansas City
Mo, though as matter of fact it is
delivered in Kansas City. Kan By this
subterfuge they make the shipment in
terstate and hope to place 1t beyond
the control of the Kansas board Of rail-
road commissioners. I think that the
best way to reach this matter is simply
by the enactment of law compelling
railroad companies to esta blish a
freight depot in Kansas City, Kan. or
course, it is to be expected that the rail-
Dc xrriH f7cr1f ha In lr1
into the courts. but 1t won't take any
longer to settle the validity of the law
than it would to settle an order Of the
board Of railroad commissioners"
Federal Court Case Drags.
AS is usual with proceedings in the
United States courts. the big suit in
vclving the right of the state board of
railroad commissioners to exist is NOV
ing slowly. There seems to be no way
of hurrying the case. under the anti
Quated forms of procedure which pre-
vail under the federal code. That is
one Of the principal reasons why the
railroads are so strongly in favor of
getting all cases into the federal
courts
1t is expected that a special master
in the case viii be appointed by Judge
Pollock within a few days. and the
state will make an effort to have the
taking of testimony begin at once, and
be hurried as rapidly IS possible.
There will doubtless be a large
amOInt of testimony to be taken in the
cases. and the findings of the special
master will go a lcng ways toward set
Ting the case. Judge Pollock has al
ready decided that the only question
at issue is whether or not the rates
proposed by the board in its orders are
i-onfiscatory. The state wanted to
raise the question of the right Of the
railroad comp 4l,ies to get into court at
ali ccntending that the railroads were
opera ting in a trust so far as rate
rnilsint: is concerned. The state con-
tended that iT gong before a court Of
equity, the railroads must appear with
clean hands
Carr Taylor, attorney for the board.
and A. f. Helm. of Wichita. who Will
represent the state in the big case, are
working hard in the preparation of
their case, and expect to fight the case
through to the last ditch. The chances
are that the case will be appealed to
the supreme court of the United
States, whichever way 1t is decided.
During all the intervening time, the
railroads will continue to charge their
old rates, and even If the final decision
is adverse TO the railroads, they will
have accumulated a large amount Of
additional profits.
mmA@= %rmnE REaafER