The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-21
THE ONLY COURSE
Why Continental Creamery
Brought Injunction Suit.
No Other Way to Have the Ac-
tion Tested.
FORCED TO THE LIMIT
Could Not Sit Idly BY and See
Business Ruined.
Calls Attention to Inconsistent
cies in Decision.


The action of the big creamery com
panies of Kansas, in securing an in
junction against the state railway board
from putting into effect its new and
higher rate for cream shipments in
this state, is attracting a good deal
of attention and unfavoraele comment
on the boards action in thus raising
the rates. The Kansas railroad board
now occupy the unenviable position of
having raised transportation rates in
this state to point higher than the
interstate rate. They have given the
express companies an even higher rate
than these corporations dared ask or
hope for.
The boards defense is that it sought
to protect the small creameries. of the
state at the expense of the big ones.
It's raise in the rates has not helped
the small creameries at all and has
hurt the big creameries. The real bene-
fciary from the boards action is the
express companies.
The temporary injunction secured by
the Continental Creamery company's
attorneys from Judge Dana this week
against the board appeared to be a
radical step, but it was. under the law
the only. recourse the creamery had in
the matter. The law creating the state
railroad board presumed that that
board would stand for the interest of
the public and protect the shipper from
the carrier, so this law did not pro-
vide for any appeal for the shipper
over the action of his (supposed) friend
the board, while on the other hand the
railroad and express companies have
the right of appeal. as the board is sup
posed to regulate them and might, in
the course of its duty, be inclined to
do them an injustice.
NIr. Doran's statement.
The law did not presume that the
board would appear on the side of the
carrier, SO the shippers only recourse
was to court OF equity for an in
junction. When asked today how he
came to take such a radical step against
the board, Attorney T. F. Doran for
the creamery companies replied as fol-
lows:
against the railroad board? Well. in
the first place, the rate recently estab-
lished by the board discrinndates in
favor of the creameries of other states
and against the interests of the do
mestic creameries. This discrimination
is in favor of the foreign creamerses- TO
the extent of cents to 26 cents per
car on cream shipments. The beard 5
rate will materially affect the business
of the Continental creamery of this
city and many other big creamerie.5 of
the state. In fact, the strict applica-
tion of the boards new rates (and you
may be sure the express companies
VIII strictly apply these TateS) VIII
practically destroy the business of
these creameries representing years Of
work and the investment Of hundred
of thousands of dollars and their busi-
ness will be secured by competing
creameries of other states.
I'VE had exhausted every effor- to
get the railway board to correct their
errors in this respect. The Kansas
railroad law provides for no appeal
from the decisions of it's board on the
a-E Of "a S11 hJJT n
hand provides literally for appeal by
edy left at law or by further appeal to
the commission for relief The board
haG said that where its rates, or account
tions placed the Kansas creameIlrz at
a disadvantage, that it would give re-
lief where special application was made
for any change in some particular rate.
But when application is made in such
specific cases notice must De given and
the carriers notified to be on hand at
the hearing. Now the express cCm-
panies had accepted the boards higher
rate made a short time ago and have
published their tariffs making the rate
effective July 20. So there was no time
for delay and no remedy available ex-
cept an appeal to a court Of equity for
an injunction.
1T was with much regret that the
creameries were forced to enjoin the
railroad commission, but the neceSsi-
ties of the situation required it.
"The Continental creamery could not
afford to sit idly by with folded hands