The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-10
RAILROADS ACT
File Suit Against State on 1905
Session Laws.
1t Is Law to Establish Maxi
mum Rates on Crude Oil.

The Atchison, Topekan and Santa Fe
Railway company this morning filed q
bill in equity with Morton Albaugh
clerk of the federal court, against
George Plumb, John T. White and
Frank J. Ryan, members of the public
utilities commission of the state OF
Kansas, John Marshall, attorney there
of, John S. Dawson, attorney general
of Kansas, The Chanute Refining Com
pany, The Uncle Sam Oil Company OF
Kansas, the National Refining Com
pany and the Cudahy Refining Com
pany-
The railway asks an injunctionn
against the enforcement of the provi-
sion of Chapter 1853 of the 1905 session
laws, which is an act ito establish max
imum rates for the transportation of
crude oil and the products, thereof; to
forbid rebates and provide penalties for
the violation thereof"
The provisions of this law have never
been put into effect, but the charge is
made in the complaint that the defend
ants threaten to, and will, unless in
Joined proceed now to the enforcement
of the provisions of the law
The railroad charges that the act is
null and void, and gives as reasons
the following:
1t arbitrarily fixes rates at unreason-
al BILE and confiScatory figures and less
than the actual cost of performing the
SO disproportionate to value of the
service rendered as to be harsh and un-
reasonable, all of which is contrary to
the 5th and 14th Amendments of the
Constitution of the United States.
1t fixes rates that necessarily and di-
rectly affect and interfere with inter-
state commerce, contrary to the pro-
visions of article 1, section of the
Constitution of the United States.
1t segregates the transportation of Oil
from the transportation of other COM
modities, making it the subject OF
special regulation and securing the OBJ
servance of the regulation by the inn
position of special fines, which const1-
tutes an unlawful classification and
discrimination and is in violation of
the fourteenth amendment of the con-
stitution of the United States.
1t imposes harsh and unreasonable
penalties, denying a judicial investiga-
ton as to the reasonableness of the
rates fixed. The penalties fixed are
for that thousands of ship
ments occur yearly, so that to impose
the penalty pending judicial investi-
CATION as to the rate, would result in
all of which is contrary
to said fourteenth amendment.
The bill states that the act is fur
ther unconstitutional because congress
alone can regulate interstate COM
merce. The interstate shipments COW
cred by said act are far in excess of
state transportation
In 1905 it will be remembered that a
demand for low rates swept over the
west so that the various legislative
and administrative bodies passed or
ders applicab BILE to all roads alike. Liti-
cation was at once instituted in these
states to contest the validity of the
acts. In many of them intunctions
were granted and appeals are now
pending in the supreme court of the
United States.
The suit filed by the Santa Fe was
promptly followed by similar suits, filed
by the st. Louis & San Francisco rail-
road, and the Rock Island. It is the
general belief that the other roads
will file similar suits Immediately