The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-27
HAS NO RIGHT.
Railroad Board Claims District Court
Can't Interfere in Rates.

John s. Dawson, attorney for the
railroad board, today filed his answer
to the suit brought in the Shawnee
district court against the board and
the express companies by the big
creameries of the state for a restrain
ing order to prevent the placing IN
effect of the higher rates on cream
shipments recently promulgated by
the board. temporary injunction
was granted by Judge Dana.
In it's answer the railroad board,
through it's attorney, aIege that the
district court has no jurisdiction over
the railroad board and its power 20
make rates. Also that the appeal to
the district court was not made with
in the time prescribed by law, and
further that the excessive rates made
by the board were just and reason
able.
From an express company point of
view the boards rates are very reas-
enable, albeit they are higher than
even the express companies dared to
ask for.
If the shippers in this case cannot
appeal to the courts over the railroad
boards ruling then they are at the
mercy of the board and must submit
to the excessive rates inaugurated by
that board and will likely be forced
out of business. It will not be the
little creameries of the state that will
profit most by the boards arbitrary
rulings but the creameries from the
outside of the state, who can now
come in here under interstate rates
and ship Kansas cream outside the
state for a lower rate than Kansas
creameries can ship it to their own
manufacturing plants.
This is fine state of affairs. And
the people of Kansas who elected this
railroad board for their own protec-
ton from the railroad and express
companies must stand by and see
this board put Kansas institutions out
of business by the method of raising
transportation rates above interstate
rates and far above the old establish
ed rates on cream shipments in this
state.
The railroad board, having once
been led off on this course, positively
refuse to bulge one inch from it's DO
sition. Make or break seems to be
It's motto. The Kansas cream industry
may be broken now but there will be
another break in the future
The following is part of the
answer as made by Attorney Dawson
for the board:
THE board of railroad commits |
sioners allege that the legislature of |
the state of Kansas by the statutes
committed to the board of railroad |
commissioners, as agents of the state
in an executive capacity, power and |
jurisdiction over all of the matters
allege 1t to be a fact that the court |
is without power Of jurisdiction in |
the premises.
1.-THE board of railroad commits |
sioners hereby refer to their first de-
Tense and adopt the same fully here |
in as above set forth and further |
answering. say that if said order can |
be resisted by any shipper in the
courts. it must be by an action |
brought within 80 days after the |
making OF the order; and the board |
aIlege it to be a fact that neither the |
plaintiff nor any other party has
brought action in any court within |
such 80 days. and the board allege |
it to be a fact that the court is |
without jurisdiction in the premises
over the subject matter or over the |
board of railroad commissioners.
"Aud further answering, the board |
deny each and every other material |
in the petition contained; |
and further answering, say that said |
order is reasonable, fair and just and |
should be obeyed; and further say |
that the bulk of cream shipped be-
tween points in the state of Kansas is
carried for distances not over $50
miles
Wherefore, the board Of railroad
commissioners pray that the action
be dismissed at the cost of the
plaintiff"