The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-19
A DECISION SOON.
S. S. Ashbaugh, A ttOrney for
Railroad Board, Returns.
Interstate Cases May Be Settled
Before July /.
TURNS TO WAGGENER.
Board Will Now Defend Its
Right of Existence.
Pipe Line Common Carrier Law
to Be Tested Now.

S. S. Ashbaugh. attorney for the state
board of railroad commissioners has
just returned from Washington where
he argued before the interstate COM
merce commission on the California and
Galveston grain rate cases.
Il anticipate the commission will de-
eide those cases within a very short
tin1e' he said. Il believe there is no
doubt that the decision Will come before
July l. The commission informed us
that if we expected to get a decision be-
fore The July vacation, we would have to
finish up our argument at that time,
and present nothing further We did
this, and now expect the commission to
decide the cases.
This interstate commerce commits
sion is now one of the big things of
| this country. 1t is given a recognized
standing by it's fights for existence in
validity of it's orders, and now that it
is settled that it had the right to make
and enforce orders, the railroads are in
clined to adopt more conciliatory pol
icy. For a time the commission and the
railroads were cutting at each others
threats at every opportunity. Now the
railroads recognize that the commission
has the power, and the commission is
demonstrating to the railroads that it
is willing to be fair and just. The COM
mission is now looked upon by most rail-
roads as a good place to adjust the diff
ferences of the roads with the public.
There is vast amount of business
before the commission, and the commits
sion is turning it off at a rapid rate.
The time of the commissioners is so fully
occupied that they even listen to some
of the complaints made before them
during lunch hour. Two or three of
them will invite a complainant to take
lunch with them, and talk over his
troubles with him while they lunch to-
gether.
THE cases which we presented to the
commission were of Importance, and all
of the parties interested were represent
ed. California sent an attorney t.
Washington clear from San Francisco,
and railroads were all represented. In
the Galveston wheat case, Oklahoma
was represented by Attorney General
Cromwell and Texas by S. H. Cowan.
The cases were very fully argued, but
no new argument of great Importance
were presented"
Mr.. Ashbaugh will now begin the
work of answering the brief of Bale
P. Waggener. in which Mr.. Waggener
attacks the existence of the board of
railroad missioners on the ground
that the board is contrary to the con-
stitution of the state.
''Mr. Waggener has here present.
ed" said Mr.. Ashbaugh, referring to
the brief of the Missouri Pacific at
torney, t'all the argument there is
against the state board of railroad
commissioners. 1t is now our business
to Join issue with him on these pro-
positions. These matters have got to
be fought out some time, and 1 pro-
pose to make the fight. The decision
of the referee in the case was quite
technical, and 1t is possible that the
court will decide to go into the case
further, and take up the propositions
advanced by Mr.. Waggener. At any
rate we are willing to meet him on
this issue
It is understood that the proposed
Low IyfT min
lines common carriers will be under
taken shortly by the attorney for the
board. 1t has been understood for
some time that Mr.. Ashbaugh was
about to take up this matter. He said
in speaking of the situation:
1--WE arc making Investigations, but