The Liberal democrat. [volume] (Liberal, Kan.) 1911-1924, 1915-12-31


The original case was tried before the
late Justice G. A. Brown, who was
on the district court bench of Dewey
county at the time. He denied the APP
plication for mandamus, and the high
er tribunal affirmed his decision.
The mortgage was filed by the mort
gagees and the fee paid under protest,
with the stipulation that it would be
returned in the event the court de-
clared the law void.
Commission Demands Express Refund.
No further negotiations looking to-
ward the PRONUNCIATION of new sched-
ule of express rates for Oklahoma will
be considered by the corporation COM
mission until the express companies
have paid to the commission the re-
fund in overcharges of approximately
100000, which the commission and
the supreme court have ordered paid
to the shippers of the state.
That is the substance of an ultima
tum delivered to representatives of the
express companies by Chairman JACK
Love of the commission, when the
companies made their final plea to the
commission for permission to install
what is known as the interstate COM
merce commission block system OF
charges for express shipments.
Representatives of the express COM
panies told the commission the car
riers would make the refund II they
we're permitted to install the new
rates, which are considerably higher
than those now charged.
The express companies representa-
tives indicated they would not meet
the demand, but would fight the refund
in the federal court,
About five years ago the commission
issued an order promulgating sched-
ule of rates which express companies
were required to charge in Oklahoma.
The carriers objected and appealed to
the supreme court. They entered into
an agreement with the commission
that in the event the rates eventually
should be sustained by the courts they
would refund to the shippers the diff
ference between the rates charged and
those prescribed by the commission
The supreme court, in an opinion by
Governor Williams a short time before
he resigned from the bench, affirmed
the rates prescribed by the commits
sion and directed that the refund OF
approximately 100000 be made by
the carriers.
The express companies Immediately
put in effect the prescribed schedule
without further contest, but appealed
to the federal court at Guthrie for an
injunction to restrain the commission
from collecting and making the re-
fund. No effort has been made by the
carriers to push the application for the
injunction. They have been trying in
the meantime to reach settlement
with the commission.
Some time ago the carriers sub
mitted a proposal to the commission
to the effect that the refund would
be made if they were permitted to
install the interstate commerce COM
mission block eystem of charges for
Oklahoma. After a study of this sys-
TEN the commission found that in
some instances the proposed rates
were as much as 102 per cent higher
than those now effective. 1t also
found, it said, numerous glaring In
constituencies in the proposed rate.
For instance, the new schedules pro
vide that the rate per 100 pounds on
merchandise from Oklahoma City to
Remington be $115 and the rate on
the same commodity from Oklahoma
City to Durant over the same route
and with comparatively little differ
ence in the distance would be $1.40 per
100 mounds.
The present rate on merchandise
from Oklahoma City to Clinton, Okla,
is So cents per 100 pounds, while the
rate in the proposed schedule would
be St.4O. Similar instances of incon-
sistencies and advances as compared
with present rates exist in the pro-
posed schedule between many other
places in the state, according to the
commission.
More Than Million In State Depository
State funds in the official depository