The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-04-06
Commission Asks for Relief in
Freight Rate Case.
Petition Filed in Supreme Court
Against Railroads.
HEARING SET FOR FRIDAY
Suit Involves Acceptance by
Roads of Recent Order.
Emergency Exists in Livestock
Shipments, Is Claim.

The state public utilities commission
today sought relief from the supreme
court in an effort to block interference
with it's emergency livestock freight
rate order. On a petition asserting
that the railroads planned to enjoin
operation of the new rates, the COM
mission secured an alternative writ of
mandamus. Formal hearing on a per-
emptory writ was set for Friday.
Members of the state commission
went before the supreme court today
under a smoke barrage and in an ef-
fort to catch the railroads unaware.
ever, when the temporary writ was
granted Chief Justice Johnston made
clear that final hearing would be had
only on due and proper notice to the
carriers. Attorneys for the roads this
week refused to accept service or
enter appearance in the rate case on
the allegation that the commission
had not given due notice of it's plans
and purposes.
Suit Involves Acceptance.
Suit before the supreme court to-
day involves acceptance by the rail-
roads of the commissions recent order
for a temporary 80 per cent rate re-
duction on shipments from western
Kansas feed lots to eastern Kansas
pastures. This morning the state COM
mission was apparently calmly await
ing action of the railroads which had
threatened injunction proceedings to
tie up operation of the rates. But be-
hind the outward calm waiting was
much activity by the commissions at
torneys. They were preparing a pc
tition asking for a writ of mandamus
to compel the railroads to accept the
rates without further delay.
Judge Helm Presents Case.
Judge A. E. Helm presented the
case to the supreme court just before
the noon recess. Members of the COM
mission were present for the hearing.
Judge Helm outlined the claim of the
commission that the interstate COM
merce commission and the railroads
had entered into an agreement Tor
temporary suspension of increased in
-lates for movement of cattle
to pastures. He said the roads had
refused, however, to concede similar
rates on intrastate shipments. Then
he told the court that the railroads
planned injunction proceedings in or
der to tie up enforcement of the emer-
gency decree.
WAS any notice given in the pres
ent case?" asked Justice West.
"In the one before the commission,
yes" replied Judge Helm, mot in the
present action"
Then" said Chief Justice Johnston,
"this seems to be a peremptory writ
without notice which is sought, rather
than the alternative writ of which you
speak"
well. yes" replied Judge Helm, 'in
effect that is what it would be-
Urges Quick Action.
Judge Helm urged quick action in
putting the proposed new rates into
effect. He said an emergency faced
the stockmen at this time.
Following a brief conference Chief
Justice Johnston announced the tenn
porary writ would be granted. Hear
! ing on a permanent order will be held
Friday. In the meantime due notice
| of the action must be served on all
railroads affected by the commission S
/ rate action.