The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-05-21
USE LESS SCALES
Railroads viii Not Replace
Small Town Instruments.
Shippers Must Take Arrival
Weights, U. S. Court Rules.

The stock scales which have been
a part of the stockyard equipment of
railroads at small stations in Kansas,
will disappear as they wear out, and
will not be replaced in the future.
The supreme court of the United
States has held, after a legal battle
which started in Shawnee county five
or six years ago and has been carried
thru the supreme courts of Kansas
and other states. that the carriers are
not required to maintain the scale for
the benefit of shippers.
A bulletin stating the position of
. the railroads has been issued by the
Santa Fe, following a complaint made
to E. H. Hogueland, commerce counsel
for the Topeka Traffic association, by
John A. Edwards, of Eureka, presi-
dent of the Kansas Livestock associa-
tion.
The bulletin is as follows:
ssSection s541 of the General Statutes of
Kansas for 1915, made it the duty of every
railway company to construct and main
at ell stations where 80 or more cars OF
livestock are received for shipment an
nuaIly. These scales were required 20 pc
constructed and maintained solely for the
use and benefit of shippers of livestock
who desire to be informed as to the weight
of the stock delivered to the railway for
shipment. Freight rates are not based on
such weights and shippers perslstently
have refused to permit the carriers to base
at point of shipment. BY paying on des-
tination weights the shipper saves on
sbTinkage.
Ordered Used by p. U. C.
eThe public utilities commission some
five or six years ago ordered the Santa
Fe to install and maintain such scales at
Lang near Emporia. The railway com.
pany brought suit in the district court OF
shawnee county to enjOin the order of
the board, and after a trial District Judge
Whitcomb held the law to be unconstitu-
tfonaI for the reason that such scales were
of no benefit whatever to the company. Be
fore this the supreme court of New Mexico
very much the same Later under q similar
statute the supreme court of Minnesota
sustained the act and required the Great
Northern Railway company to install such
scales This decision was reversed by the
supreme court of the United States in the
case of the Great Northern Railway COM
pany vs.. Minnesota. 23S L. S, $40
1.-THE public utilities commission. after
these decisions, entered an order that no
and maintaining of such scales would be
entertained. In all cases where scales were
installed, it appeared that livestock dealers
used these scales for the purpose or ascer-
taining the weight of livestock which were
offered to them for sale
1t is pointed out by the railroad Of
ficials that the man who ships cattle
from a small station to Kansas City
refuses to pay freight on the basis of
the weight of the cattle on the rail-
road scales at the shipping point. He
pays freight on the basis of the
weight shown at Kansas City and gets
the benefit of the shrinkage of the
cattle en- route.
Pay on Arrival Weights.
The boot is on the other foot when
the feeder at the small town buys cat
tie for feeding, and has them shipped
in from other ranges. Then he wants
the scales at the point of delivery, for
the same reason-to get the benefit
OF the shrinkage in shipment.