The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-19
RAILROAD NEWS.
Western Roads Make New At
tack on Recent Rate Order.
Oppose Commerce Commissions
Through Freight Plan.
MISSOURI RIVER CASE
Decision Expected This Week
Will Affect Western Lines.
Other Items of Interest in
Railway Circles.

Chicago Aug 19.-The third attacl
of the western railroads against the in
terstate commerce commission. involv
ing the commissions order tina
through uterine freight raes from th'
east shall be less than the sums of tn'
local rates, will be initiated this weel
before the federal circuit court OF ap'
peals.
The Rock Island within day or two
will file a bill asking for a preliminar!
injunction to restrain the commission
from enforcing its most recent order Ct
this kind, which reduces the through
rates from points east OF the Illinois
Indiana line to Des Aoines, Ia
On complaint of the Greater Des
Noi1es committee the commission held
that the through rates were too high
because the Rock Islands proportional
from the Mississippi river to Dcs
Moines was excessive and ordered re
auctions ranging from and cents
Ter hundred pounds on first class tSafnc
down to corresponding amounts on the
lower s'asses. The order takes effect
Sept l.
At about the same time the decision
of Judges Grosscup, Baker, and Kohl
saat will be rendered in the Missouri
river rate case. the first Of the three
cases which have aroused the through
rate litigation. and which VIII settle
one of the most important questions IN
volving the commissions power TO reg
ulate freight rates
The judges have agreed upon the de
cision the opinion has been prepared
and ii will be handed down this week.
probably on Thursday In this order
the commission reduced the through
rates from the seaboard to the Mis-
souri, river below the combination or
the local rates at Chicago or St Louis
While the DeS MOineS order appneS
directly to the Rock Island the other
roads passing through Des Moines are
equally affected on account of COM
petitive considerations William D. Nc
Hugh of Omaha had been selected a
special counsel to handle the case for
the railroads. Intervening petitions
will be filed by the st. PAIL North
western Illinois Central. Wabash, and
Burlington, and Minneapolis and ST.
Louis railways. whose revenues would !
also be reduced by the order
1t is alleged in the bill that the rates !
prescribed by the commission are I'M I!
fair because they discriminate in favor 1
of Des Moines against other cities in |
the state, and that by reducing the |
proportional west of the Mississippi /
river as applied only to the through |
traffic the commission has reduced the |
through rate after consideration of /
only one of its constituent parts.
The decision of the court in the Mis-
souri, river case has been anxiously |
awaited by the attorneys for the COM !
mission and the railroads, traffic Of |
fcials and shippers for several months, |
but the opinion was not expected until |
September. 1t will be appealed to the 4
supreme court of the United States in |
any event either by the roads or b.
the commission.
The original order of the commission
was made on June "a 1908. and the ap-
plication for a preliminary injunction
was granted last October. The delay
has been valuable to the railroads, as
according to their estimates the re
auctions would cost them over $40, 900
a year directly. A final decision in
favor of the commissions ruling it is
declared. will bring about a reduction
of through rates to all parts Of the
west. while lessening the revenues OF
the railroads by over 81 100000 year.
On the other hand. according to at
torneys for the commission an adverse
decision would seriously curtail their
powers to reduce rates in specific in
stances complained of without making
similar reductions in all rates depend
ent thereon to avoid being enjoined Oh
grounds of discrimination.
The interstate commerce commission
has issued form of general balance
sheet which the railroads will be re-
quired to follow in making their reports
to the commission. The form will ap- s
ply TO the fiscal year beginning July 1, {
1909. Compliance with the order will
mean the setting forth of all the facts
necessary for an intelligent interpreta- !
ton Of the company's business as re-
hected in a balance sheet The form
provisions for listing forty
nine classes of items, which arr
under appropriate heads.