The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-14
Petition of Creamerfes Alleges
Board Unconstitutional.
Accuse r. r. Commissioners Of
Conspiracy.
AGAINST CREAMERIES.
Hired Agent to Work Against
Their Interests.
Injunction Case in Shawnee
Court Will Be Hot One.

| Contrary to published reports. the
amended petition of the attorneys for
the big creameries of Kansas in the rate
injunction case in the Shawnee district
court has been filed for some time The
delay in adjudication of this case can
rot therefore be laid at the door of
the creamery companies.
And this amended petition contains
some startling statements. It alleges
that the Kansas state railroad board,
since the filing Of this Injunction suit
against the excessive rates on cream
promulgated by the board, has empIoy-
ed one ]. N. Graft to organize the So
called local creameries of the state in
order that they may employ counsel to
assist in the establishment of the
above mentioned discriminatory rates
said railroad board, and that this or
ganization has been effected.
That this organization passed a reso-
luton condemning the big creameries
from the railroad boards high rates and
that E. c. Sinner, secretary of the rail-
road board, prepared the resolution I'm
der the boards directions.
In other words. the amended petition
alleges that the railroad board is fight
ing the big creamerieS of Kansas for
the reason that these creameries have
opposed the boards alleged discrimina-
The petition alleges further that the
law of 1901 creating the state railroad
board and all laws supplemental thereto
are unconstitutional That these laws
give the board powers that are min
gled and interviewer thereto in such
fashion that they conflict with the con-
stitution.
The three great departments. of the
nation are the legislature, administra-
tive and judicial. The law confers on
the courts Of the state certain legisIa-
tive and administrative powers over the
railroads superior to that of state
boards. and these courts are now ap-
pealed to for relief. H-
No date has yet been set for Judge
Dana to pass on the permanency of the
injunction he has granted against the
railroad boards new rates on cream
shipments.
Attorney Thos. F. Doran for the big
creameries, and especially the Cont
mental of this city, declares that the
railroad board has no power of life
and death over any business within the
state. He contends that the boards
arbitrary action In raising cream rates
in Kansas over the interstate rates was
a grievous and costly error. That the
board further reversed all old and es-
tablished rules when it cut the rate
on the short haul and increased the
rate on the long haul 81. v-@
The board, according to the amend
ed petition on file in the district court,
has gone out of it's way to defend lit
tie creameries and openly fight the big
creameries Of this state. The boards
duty under the law is to protect all
shippers in the state from excessive
rates OF railroad and express compan-
les.
The attorneys for the creameries
have a whole mass of evidence, most.
of it written, purporting to implieate
the state board of railway commission
ers in a conspiracy against the big
creameries OF this state by gripping
@I,n TOW,
of excessive freight rates. ~
The attorneys for the big creameries
aIlege further that the railroad board
attempt to build wall around the lit
tie creameries Will do more harm to
the producers of cream than it will
good to the state.