The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-04-04
TO REDUCE RATES
Public Utilities Commission
Lowers Charges on Livestock.
To Conform With Reduction in
Interstate Rates on Cattle.
EFFECTIVE UNTIL JULY IS
Railroad Attorneys Refuse to
Enter Appearance.
Order May Result in Legal
Action by Roads.

In a special order issued today the
public utilities commission directed
railroads to reduce intrastate livestock
rates 80 per cent. The order is ef-
fective for the period ending July Is.
1t was made to conform with a re-
duction in interstate rates on cattle
moved to grass lands.
Attorneys for Kansas railroads were
present when the case was presented
today. They refused, however, to en-
ter appearance. In statements before
the commission they contended that
they had not been given proper notice
and that service secured Saturday did
not provide adequate time in which to
prepare for hearing. They also con-
tended that the commission gave no.
a, hearing of the rate order of the for
mer industrial court. 1t was also
argued that revenues on one classifica-
ton should not be reduced without
corresponding increases on other
classes of freight.
Surprise to Commission.
Action of the railroads today clearly
came as a surprise to the. state COM
mission. When the commission re-
fused to waive claims that any in
formal statements would be urged as
an acceptance of service by the roads,
the lawyers withheld any remarks.
They sat thru the examination of wit
nesses for the commission, but did not
participate.
Attendants at today's hearing fore
saw in action Of the railroads a con-
test of the commissions order. Rep
,, resentatives of the various railroads
refused to outline their probable
course.
1t is believed that the roads may
seek to restrain enforcement of the
new rate order affecting shipments to
| Kansas pastures. Such relief may be
sought, it is reported, thru an appli-
cation to the Shawnee county district
court for an injunction.
To Move Cattle.
The new rate reduction order was
issued in accordance with a similar
reduction in interstate rates. Recently
the S5 per cent rate advance in live
stock shipments on interstate hduls
was suspended before the interstate
commerce commission for the period
from April 1 to July 15. The action
was taken in order to permit move
| ment of cattle to northern and north
western grass lands at the rate in ef-
| feet before the federal rate boos1
was made.
Under the action of the Kansas
commission today the 80 per cent ad.
| vance allowed by the industrial court
| on livestock shipments is suspended
until July Is. This order will permit
shipments from western to eastern
! counties under the lower rate.
In his testimony before the com
| mission today. ]. H. Mercer, state live
stock sanitary commissioner, said the
application was not made with a view
| of sending cattle to market center'
i under lower rates. He said it was de
sired merely that better rates be giver
| stockmen who desired grazing facil
| tiles in eastern counties. Mercer out
| lined the agreement between shipper;
| and the railroad before the interstate
commerce commission as he under
stood it. He declared that with sus
pension of the federal rate increas'
a discrimination existed against Kan
sas intrastate shippers under existing
conditions.
No Cross Examination.
! Witnesses for the commission onl,
were examined. Attorneys for tn
railroads did not cross examine wit
nesses. In reply to an informal state
ment by Mercer, J. r. Koontz, gen
eraI traffic manager for the Santa Fe
said his remarks were merely for tn
purpose of discussion and not &C
ceptance of service by the road.
Further discussion was proposed
But Judge w. r. Smith. general SO
|