The Topeka state journal., 1908-02-11
Railroads Decline to Make a
Freight Rate Contest.
Board May Make the New Dis
tance Tariff Order.
UP TO THE COURTS.
The Contest Will Be Fought
Out There.
The Board Is Not in Entire
Harmony.

By concerted action, all the rail-
road companies of the state TODAY
declined to make any fight before the
state board Of railroad commissioners
against the proposed new distance
freight tariff, and consented that the
board make an order requiring that
the new rates be put in.
1t is supposed that the railroad
companies took this unexpected turn
because they prefer to fight their bat
tie In the courts, without tipping their
hand to the board and its attorney
in advance.
Acting upon the decision of the
railroad companies, the members of
the railroad commission will very
soon promulgate the order of the
BOARD relating to the establishment of
the new freight rates. Chairman
kanavel said this morning:
There are some minor changes
Wnlcn We want to make in the sched-
ule, but we will probably have the
order ready sometime this week"
The order may be issued late this
afternoon.
M. A. Low of the Rock Island, act
ed as spokesman for the railroad
menced this morning. Mr.. Low does
not ordinarily mix up with railroad
commission cases. and the fact that
he was selected to do the talking for
the railroads indicates the importance
or the occasion. In addition to Mr..
Low there were present W. r. smith
of the Santa Fe, n. H. Loomis OF the
Union Pacific, J. H. Richards and
VIII Waggener Of the Missouri Paci-
fic, John Madden of the Missouri,
Kansas & Texas. A. A. Hurd of the
Santa Fe, and a number of traffic Of
f1cials representing different lines.
Disagreement I'm the Board.
Incidentally. 1t developed this
morning that there is not entire har-
mony among the three members of
the board concerning the proposed
new tariff
jobbing and differential rates, which
were intended to equalize matters for
the interior jobbing points In dis
cussing the tariff proposed by the
board. Mr.. Low said:
II don't think this proposed tariff
is entirely fair to Missouri river job
bing points. The board has, verv in
geniously, fallen into an error in try
ing to make the rates fair to every
body. 1t looks to me as though Leav-
enworth and Atchison, Fort Scott and
Topeka were at disadvantage with
Hutchinso on, Wichita and Salina OF
course the board may have intended 1t
should be that way. The principles of
these jobbing rates. It seems to me
that either the principle of the distance
tariff should be preserved throughout,
or else the board should admit that
that is not the right principle"
I'VE referred this tariff to the Leav-
enworth people and they were satisfied
with it, said Chairman Kanavel.
"weH, they have changed their
minds since," said Frank Ryan, the
Leavenworth member of the board.
r,t hn Irf Of
ferential''
Low Pleaded for More Time.
The general theme of Mr.. Lows
speech to the commission was that the
railroads were not ready to have
hearing on the reasonabieness of the
proposed new tariff.
THE effects Of the proposed reduc-
tions," said Mr. Low, "are all a matter
of theory and speculation. We don't
know what the effect OF these reduc-
til the thing is carefully worked out.
We don't know whether we could
make any money under this proposed
tariff or not. For that reason we do
be acceptable. We have men at work
figuring on these matters, and we must
await their reports But we do not
ask for q further continuance of this
make it's order, and then, if we find
that we can obey the order. we will do
so.'
kanave1 Claims a Victory.
George w. Kanavel, chairman of the
board said this morning after the hear
ing:
1.-THE outcome of this hearing is a
splendid vindication for what the board
has been doing. What the railroads
have done simply means that they have
been unable to successfully combat the
evidence which this board has collected
to justify its conclusions as embodied
in this proposed freight schedule.
1.-The railroads say that they need
more time. Why, they have had this
proposed schedule in their possession
for months. There has been plenty of
time for them TO study that Ten days
ago we did something which is never
done in a court; we placed al our evil
dence in the hands of the railroad COM
panies and told them to take ten days
to prepare their evidence in rebuttal
Today they come in without any evil
dcnce in rebuttal. Doesn't that look as
though the board had made out it's
case?
II don't know what the railroads will
do next, but 1 anticipate that this ac-
ton means that they prefer to fight
their battle in the courts than before
this board.''