The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-09-03
RATE FOR KANSAS
Appeal to Industrial Court fer
Temporary Advance.
Shippers Representative Asks
Special Rail Schedules.
INSIST Oh FEDERAL ORDER
Railway Attorneys Fight for
Interstate Evidence.
Arguments Continue on Rate
Raise in State.
INSIST on FEDERAL ORDER

Establishment of new passenger and
freight rate schedules and classified
tons for Kansas pending a full hear
ing as to intrastate earnings and ex-
penses was today urged before the
court of industrial relations by Cliff
ford Thorne. The suggestion was
made by Thorne as representative of
the shipping interests and in protest
against consideration of bulky testi-
mony and arguments offered by the
railroads in their hearings before the
interstate commerce commission.
Thorne's fight before the court TO-
day was based on his assertion that
discrimination against interstate pas
sengers and shippers did not neces-
sarily mean difference in rates. He
said such a finding could be made
only on proper showing by the rail-
roads Then came his proposal for
temporary rate advance with a hear
ing which would virtually call for
commodity rate hearings on various
classes of freight.
Attorneys for the railroads fought
for consideration of the evidence be-
fore the federal commission This tes
timony had been accepted by the
court during Thursdays hearing but
later objection was raised on the part
of the shippers and the tribunal was
asked to reject the bulky documents
As a substitute Thorne insisted on
hearings and findings based exclusive
ly on Kansas conditions.
Came as a Threat.
Against the Thorne contentious rail-
road representatives insisted that the
federal commissions order was based
on a budget plan of providing reve
nueS as much as on classified rate in
creases- Unless adequate intrastate
rate increases were allowed. the court
was told, the interstate commission
would then be called upon TO make
further advances in order to meet def
icits. Thorne asserted this statement
was in the form of a threat to place
further burdens on interstate passen
gers and shippers
Thorne read an interview by Sena-
tor Cummins in which he stated that
the congressional enactment uuti er
which the order was made did not
seek TO take from state tribunals and
commissions the rights under the old
law. He then read court decisions in
support Of his claim that his proposal
was neither illegal nor beyond the
powers of the Industrial court
THE mere difference-in rates does
not in itself fix discrimination"
Thorne argued. "A difference in con-
ditions must be shown.
Judge W. R. Smith OF the Santa Fe
told the court Thorne had agreed to
a rate increase in Oklahoma. Thorne
replied that he had merely agreed TO
temporary advances pending state in
vestigation and fixing of new intra-
state rates Such a policy was then
| urged for Kansas
The entire morning session was
given over to arguments over the mo-
ton to reject consideration of evil
dence and arguments by the railroads
I in the federal rate case. There are
IS volumns of this evidence and argu-
| ment.
Must Make a Showing.
| Attorneys for the court of industrial
| relations today began a fight to COM
| pei the railroads to make a specific
/ showing as TO needed freight and pas
| senger rate increases in Kansas. Judge
A E. Helms. commerce counsel for
| the court, objected strenuously to the
/ effort of railroads to present as evil
/ dence the numerous volumes of evil
/ dence and arguments before the inter-
state commerce commission.
Railroad Representatives are pre-
senting the present rate case on the
theory that the state tribunal has no
alternative in the fixing of q rate TO
correspond with that of the interstate
commerce commission In opposition
to their theory is the argument OF
Judge Helm that the roads must make
a definite showing as to the needed
increase in Kansas before an increase
may be considered. Attorneys for the
railroads counter the argument with
the statement that an intrastate rate
lower than an interstate rate would be
d discrimination against interstate
travellers and would not be upheld by
the courts.