The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-09-11
Commission Refuses Jurisdic-
ton; Await Testimony.
j. II. KOOntz and A. E. Helm Go
to Mat in First Round.
ROADS GOT STARTED WRONG
That Is Assertion Made by
Helm in Argument.
KOOntz Came Right Back at
Him Strong.

Lawyers for the railroads and pub
lie utilities commission opened an
other protracted row today when the
twenty per cent freight rate case was
called before the state commission. In
a curtain raising clash of counsel, J.
r. Koontz, general freight agent for
the Santa Fe. forgot that he was a
layman and went to the mat with A
f. Helm, rate counsel for the commits
sion. Trouble started when the util-
tiles commission refused to accept or
deny Jurisdiction in the case until the
testimony was presented
Under their application, Kansas
railroads are seeking a 20 per cent in
crease on all commodities except oil
offered for intrastate shipment Law
yerS in the case paved the way to a
season of trouble when issue was
raised as to the commissions juris-
diction in the case and the right of
the railroads to seek horizontal and
blanket increases in rates. Fred S.
jackson, attorney for the commission,
raised the question of Jurisdiction
when he declared the proposed in
crease in rates illegal and could not
be granted by the Kansas commission
Railroad Men Wrathy
When the commission elected to
hear testimony in the case without
first determining its jurisdiction the
twenty railroad lawyers and ra.e ex-
perts let down the bars and gave vent
to their wrath. They didn't hesitate
to 1nSinuate that the state commission
was merely starting on another long
distance fishing expedition with the
purpose of hearing the testimony and
later standing on an assempti,n of
lack of Jurisdiction.
In his opening statement. Jackson
declared the proposed rate increases
meant ruin for Kansas wholesalers
and jobbers. He declared the new
intrastate rates would be so far in ex-
cess of interstate rates from Kansas
City and st. Louis that Topeka and
other jobbing centers could not COM
pete for business
DO L understand this rate is to be
applied as an actual 20 per cent in
crease on all commodities or a maxi
mum increase? p" he asked Koontz
replied that the proposed increase was
maximum advance. Then commits
sion attorneys insisted the railroads
should file separate tariffs and sched-
ules showing each item of increase
w. R. Smith of the Santa Fa insisted
such work would cost the roads
$1,000 and was an unfair and unjust
demand.
Helm Makes Statement.
1.-The railroads have made a mis-
take and started this case the wrong
way" A. E. Helm inisted in an open
ing argument. He said the demand
for item statements was misunder-
stood by the roads.
Then you and Mr.. Jackson differ
| in views to the obligations of the
railroads." asked Koontz.
Il think Mr.. jackson and I under
stand each other perfectly" snapped
Helm.
| Whereupon Helm began an argu-
ment to the effect that horizontal and
Il ~
discriminatory, illegal and several 9TH
er things. Koontz came right back
at him. KoOntZ is a layman, but he
qualified for something more than
home guard service in his clash with
| the state commissions rate counsel
| You insist the commission can't
make percentage increase in rates ?''
| he asked.
81 do. No power is extended any
commission for such action
| What about the interstate COM
merce commissions per cent increase
in the eastern freight rate case?"
'In arguing that case 1 s>,id-''
But Koontz wanted more than
| Helms statement
Wasn't the rate upheld by the
courts?"
1T was But in my statement in
that case L said-
Smith to Rescue.
| Judge Smith jumped to his feet to
help defend Koontz in the word war.
| But Koontz didn't need a defender.
So Judge Smith sat down again.
| DO state your position correctly? p
| persisted the Santa Fe official.
| Il prefer to state my own position.
| But Go you insist that the commits
| sion can grant an increase stated il,
| dollars and cents and not one based
| on percentage"
u have the floor and will make my
| own statement" insisted Helm.
Robert Blair, cor the Union Paci-
| fic; and Paul Walker for the Rock
Island, insisted on a declaration from
| the commission as to jurisdiction. But
the commission didn't declare itself.
1t was ready to hear the testimony.
| Further action would be taken at the
| pleasure of the commission.
Caucus of Rate Hikers.
So the railroads asked a recess in
which to talk over their case and
| compare notes. Twenty lawyers and
| expert rate makers gathered in a
) corner for the caucus. At the end of