The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-25
Legislature May Put Mo. Valley
Car Service Association Out.
Bills for This Purpose Reported
FaVOrabIy in Both Houses.
LARABEE's REVENGE.
Charges Company Tried to Put
Him Out of Business.
Measure to Protect Small
Shipper of Freight.

The Guyer bill. in the house OF rep
resentatives, which is the same as thu
Chairman bill in the senate, providing
that the Missouri Valley Car Service
association must cease business in tbs
state of Kansas. has been favorablS
reported by the house committee or
railroads. The Chapman bill has al
ready been favorably reported in tbs
senate, and indications are that legis-
lation on the subject will be enacted
before the end of the week.
The fight is being led by the Larabee
Flour Mills company of Stafford coun-
ty, which had a lawsuit with the Mis-
souri, Pacific in which the Missouri
Valley Car Service association tried
to put the flour mills out Of business,
by enforcing rules which practically
prevented the mills from obtaining cars
for the shipment of products. NOW the
flour mills company is taking its time
at bat, and is trying to even up Its old
score with the car service crowd.
In order to show the members of the
legislature the nature of the Car SER
vice associat ton, the mills have had
printed a little pamphlet which sets
forth, under the certificate of Del VAL
entine, clerk of the supreme court, ex-
tracts from the testimony taken at the
time of the trial of the suit against the
L
the testimony of B. H Garrigues, one
of the officials of the Car Service as
sociation, and are expected to snow
that the association deliberately viola
ted the reciprocal demurrage law en-
acted at the 1905 session of the legisla-
ture. Here are some of the questions
and answers:
q. Mr.. Garrigues, You knew what
that law was and you believed 1t to be
unconstitutional and paid no attention
to its terms?
A. None whatever.
Q. And your demurrage charges
were absolutely in violation of the ex-
press provisions of that act?
A If that is what it says, yes, sir.
Q. But you went along directly con-
trary to this law-paid no attention to
assessing and collecting demurrage
charges?
A I have already answered that.
Q. Answer it again..
A. Yes, sir.
The principal sections of the Guyer
bill and Chapman bill, which will pro
hibit the Car Service association from
doing business as a clearing house"
for Kansas railroads is as follows:
Every railroad corporation doing
business in the state of Kansas is here
by prohibited from using or employing
a common agent, bureau, corporation
or concern of two or more independent
railroad corporations to make or col
lect demurrage rates for any of such
railroad corporations, and all railroad
corporations, their agents, bureaus,
corporations. partnerships. and associ-
atoms, are prohibited from making,
fixing, circulating, furnishing or set
Ting said demurrage rates for any rail-
road corporation doing business in the
state of Kansas"
Most of the railroad legislation thus
far has been for the benefit of ship
pers who handle goods in carload lots.
c. F. Foley of Rice county, one of the |
leaders of the minority side, has Sc |
cured favorable action by the house
committee of the whole on his bill |
which is intended to protect the small |
shipper of freight.
Foley's bill provides that a railroad |
company must give the shipper a |
duplicate bill of lading, and deliver the /
freight received promptly. The bill |
originally included a provision allow
ing the shipper whose goods were de-
1ayed to recover punitive damages |
from the railroad, but the railroad at
torneys objected to this, and it was
stricken out. The following is the
provision of the bill of special impor-
lance:
ANY person. company or corpora
ton who or which is damaged by the
delay, neglect or refusal
OF any common carrier to accept or
receive freight for transportation over
its line. and execute and deliver dupli-
cate bills of lading therefor as herein
before provided, or by the unreason-
able neglect delay or refusal of such
carrier to promptly forward and trans
port such freight over it's line. NAV re-
cover from such common carrier, in
any court of competent jurisdiction,
all actual damages suffered from the
delay. neglect or refusal
of such carrier to accept or receive
such freight and issue bills of ladine
therefor or to promptly forward and |
transport the same over its line to-
gether with reasonable attorneys
fee, to be taxed as a part of the costs
in the action
On Saturday afternoon, the house
recommended in committee of the
whole, the following important bills
for passage:
Johnsen's bill creating a state board
of mbalming.
Westcott's bill limiting the number
taken in civil actions.
The following were killed by the
committee of the whole:
Second class cities committee bill re-
lating to salaries of officials.
Stockton's bill prohibiting the en-
balming of bodies of persons supposed
to have died from poison.
Most of the important bills on the
Saturday calendar were deferred be-
cause of the small attendance of mem
bers. The Saturday session continued
until about 8 O'Clock, when the point
OF no quorum was raised, and it wa,
found that there were only about Is