The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-01

LINCOLN'S PART.
Deny That He Furnished the
Kansas Schedules,
Admit However That His Advice
Was Secured.


book of about 20 pages. and each
one different from the other. will be
filed by G. F. Grattan, attorney for
the state board of railroad commits
sioners, in the federal court on Mon
the thirteen Kansas railroads to pre-
vent the enforcement Of the proposed
new Kansas distance freight tariff.
About half of each answer is de-
voted to a specific denial Of each of the
allegations in the complaints, except
such OF them that the state admits. and
these are few. The iother half or the
brief begins: ; ,gYi4
And these DESCENDANTS by way of
, affirmative defense, a1lege," and goes
on to explain the basis of the new
tariff which the state board of rail-
road commissioners want to put into
effect.
The answers in the Santa Fee, Rock
| Island and Frisco cases were received
form the state printer today. The
other ten answers are in the hands OF
the printer, and will be delivered in
time for filing Monday
| The substance of the states aff1rma-
tive defense of it's new tariffs is that
the proposed distance tariff, jobbing
rates and differentials are all in sub
stantially the same form as the exist
| ing Kansas freight rates, the only diff
ference being that they are lower. The
changes on the ground that the job
| bling rates and differentials to protect
the Topeka and Lawrence jobbing in
terests are discriminatory. and there
fore illegal. Just what the state would
say in defense to that charge has been
awaited with considerable interest.
Mr.. fGrattan holds that having vol
unfairly established the jobbing rates
and differentials, and thereby builded
up jobbing and manufacturing points
h rcrl f11a ct of 10 rof dc "a n
not now come before the court and
plead that the system is discrimina-
| tory and unjust. The answer further
says: defendants deny that there is
| fairly. or otherwise, between persons,
corporations and places in substan-
| TALLY the same circumstances and con-
ditions, and deny that there Is any
discrimination in the rates authorized
and directed to be put into effect by
| the board Of railroad commissioners
and allege the fact to be that as fast
as any cities develop or begin a job
bin~ business that so far as the frefoht
rate business in the state and the in
terest Of complainant and the other
railroads in the state will warrant It
that such class and commodity rates
or jobbers' rates can and will be ex-
tended to all such other cities In the
state of Kansas not named in said
order"
The answer prepared by Mr.. Graf
tan also gives for the first time the
history of ]. c. Lincoln's connection
with the new Kansas freight sched-
ule. Lincoln was for many years the
souri, Pacific. He is now traffic man
for the St. Louis chamber Of COM
merce, which jobs pays him $4,000
year. He is one of the leading
freight men of the country. The rail-
roads, in their complaints, charged
that Lincoln had been hired by the
railroad commission of Kansas for
$1,000 to prepare the new distance
tariff. The answer says:
The defendants deny that the state
board of railroad commissioners,
without any knowledge on the sub
ject and without any complaint be-
fore them as to the unreasonab leness
of any rate at the time charged and
collected, they employed one ]. C.
other sum to prepare for them
complete schedule of tariff rates upon
the railroads of Kansas SO as to re-
duce existing rates 25 or 80 per cent
or any per cent. The defendants deny
that said J. C. Lincoln in any wise
commissioners OF the state of KAN
sas a schedule Of rates, tariffs. CLASH
| fications and regulations.
However. this very broad and
| sweeping denial is qualified further
on as follows:
There being no other rate expert
within the state Of Kansas who had
| at least seven years experience IT
railroad tariff and rate making tho
secretary and rata clerk of the boarc
sought the benefit of the advice and
Information of said J. c. Lincoln on
railroad tariff and rate making. who
Twas then in the employ of the cham