The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-17
Dawson Claims Express Charges
Are Too High.
Asks Board for a Reduction OF
25 Per Cent.
DEAL WITH THE ROADS
Claims That There Is an Agree
ment With Companies.
Never Less Than One-Half More
Never Less Than One-Half More
Than Freight Charges.

The hearing before the state railway
board. in which its attorney, John
Dawson, is pressing the suit for lower
express rates. was begun this after
noon. Messrs. Kanavel. Ryker ana
RYAN of the board w-re present. In
his statement of his case to the board
Mr.. Dawson set forth his facts and
reasons for a lower rate as follows:
1.-The state asks this board under its
statutory powers to examine the whole
system of making express rates in
Kansas, and for a substantial reduc-
ton of the rates such as may be war
ranted upon all the evidence.
"The tariffs promulgated by the
commissions of our sister states are on
file, and these tariffs are in several in
stances from s to Is per cent less than
the Kansas rates. and no good reason
appears why this SHOULD be so. 1 want
to be entirely frank with the commits
sion and admit that the Oklahoma ex-
press tariff prepared by the corpora
ton commission of that state with IN
finite pains and care is hung up in the
courts This is also true of the South
Dakota revised express rates. 1t is
also true that the Nebraska express
rates under the Sibley act have been
in effect pending the litigation. I will
also call your attention to the Texas
rates which were ordered into effect by
the Texas railroad commission. That
reduction was originally about 20 per
cent and became the course of long
drawn out legal battle and eliminated
in compromise judgment approved
by the federal court whereby the Lone
Star state secured a reduction of about
Sh per cent, which amounts to
quarter of a million dollars per annum
to the patrons of the express com
panies in Texas. 1 think it is fair to
assume that the express business is
transacted on as favorable conditions
in Kansas as elsewhere and where
conditions are different the burden
should fall upon the express companies
to show that fact, under the familiar
rule of evidence that the party which
alone has peculiar knowledge of per-
tinent facts sustains the burden of adj
ducing them.
"Perhaps 1 should say in my petit
ton I have prayed for substantial re-
auctions in the express rates in Kan
sas approximating 25 per cent in all.
That prayer was drawn soon after
became acquainted with the situation
in Nebraska, but after six months in
vestigation on my own part.
Deal With Railroads.
81 think we will clearly prove that
the express companies have a hard
and fast agreement with the railroads
that the express rates shall never be
lower than one and one-half times the
first class or commodity freight rate
on the same article.
Another grievance of which good
deal has been written to both this
board and myself is the exorbitant
charge exacted by the express COM
panies on bonds sent to Topeka. to be
registered by the state auditor and of
fered for sale to the school fund COM
missioners. Until these bonds are thus
registered they are mere waste paper
of no particular value and yet the
same charge is made as for shipment
of actual cash of the same face value.
There are millions of dollars worth
of these bonds sent to Topeka every
year and this exorbitant rate makes a
very large and unjust toll upon the
public funds of the school districts,
townships, cities, boards of education.
counties and drainage districts of the
state"
The case begun this afternoon will
likely continue until the last of the
week, as there is a vast lot of evidence
I'm the shape of toll sheets, etc, to sub
NIT to the board and to be argued
upon by the attorneys for the five eX-
press companies and for the state.