The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-02-03
A BITTER CONTEST.
CONTINUED from Page One,

Continued from Page One,
through the transfer Of certain Of its
properties to the Connecting Railway
company. This property. it is claimed.
has not been decided back to the stock
yards company and may prove an
opening wedge for argument as to jur-
isdiction. '..'
Evidence Of certain transfers of
real estate may be offered before this
commission" said Judge Helm, (which
will involve the question of jurisdic-
ton. 1t is a matter which for some
reason was not brought out in former
proceedings and may go to the juris-
dfction of the commission over the
stock yards company
Borders Is Ready for War.
In his statement before the COM
mission. w. NJ. Borders of Chicago.
representing the stock yards interests
declared there could be no question re-
garding the needed Improvements in
the stock yards. He stated that the
stock yards company was ready to
spend a million dollars for these i'm
provements.
And while do not want to shock
the tender feelings of the railroads
represented here" said Borders. II
must insist that the question of alb
sorption of charges has been delayed
Tor five months and must be met at
this time"
The railroad lawyers knew what
Borders meant. There was open de-
fiance in their manner and for a few
minutes the utilities commission was
treated to q high grade display of
legal irony and sarcasm. Borders had
just told the commission that there
was no disposition on the part of the
stock yards company to raise a jul
! risdictional question. but that the
question of absorbing charges must
first be considered.
N
of the Santa F'e, who interrupted Bor-
ders' statement, that you will come
under the Jurisdiction of the commits
sion only when it provides for the alb
sorption of switching and terminal
charges and the paying of dividends
on your investment"
Borders explained. 1t was q lengthy
explanation which he concluded by
stating that the stock yards did not
desire to raise jurisdictional ques-
! ton under any circumstances.
But I will answer Judge Smiths
question by asking him another one -
explained Borders as he bowed to the
utilities commission members with the
greatest Difference. Il will ask you,
Judge Smith, II you persist in the state
ments made by certain railroads at a
former hearing in which you declared
that you would not bow to the ruling
of this honorable commission If it held
that you must absorb the terminal
charges?" 81
Railroads Are Defiant. q
I'VE didn't say that" retorted Judge
Smith. THAT statement was made by
representatives of interstate roads
which are not under the Jurisdiction OF
this commission"
Then you prefer to come under the
Interstate commerce commission rath-
er than under the state commission
asked Borders.
I'VE are here because the law places
us under the Jurisdiction of this com.
mission replied J. r. Koontz. genera
freight agent for the Santa Fe.
Koontz then fired back at Borders
with questions as to recent interstate
commerce commission rulings, wheI
Judge Foley stopped the word war.
I'VE will try and proceed in an order
ly manner. with the hopes that we car
proceed faster" was the soothing sug
gestion of the commission chairman.
4 Blair Has an Objection.
Robert Blair told the commission tina
his company, the Union Pacific. wa
anxious to help along with improve
ments in the stock yards. but that i
would never voluntarily or with sn1il
. agree to absorb any charges.
We, together with the Missouri Pa
cific." said Blair, have offered to per
init the crossing of our tracks by tn
> stock yards lines. We have offered t
; permit the building of subways unde
, our tracks. But we will most certain
ly object to the payment of tribute t
,, this company for the use of our owl
. property
. Blair then concluded his statemen
by making formal objection to the US
Of the Union Pacific tracks for any pur
pose by the stock yards company
E. G. Merriam. representing the Mis-
souri, Pacific, declared that his com
Y pany would work hand in hand wit
1 the Union Pacific in fighting an alb
4 scrption charge to the stock yards com
: pany.
Y The entire morning session Of tn
t commission was consumed by the law
: yers in statements OF their cases.