The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-04-11
CATCH THIRD NlANIP. U. C. is BLOCKED
Supreme Court Denies Writ in
Livestock Rate Case.
Leaves the Roads Free to Pro-
lection Thru InjunctiOns.

The supreme court today blocked
action of the public utilities commits
sion in forcing an emergency freight
rate reduction on livestock when it de-
MED application for a temporary writ
of nandamus against the Kansas rail-
roads. Action of the supreme court
leaves the railroads free to protest
against the commissions order thru
Injunction. Late this afternoon the
railroads filed answer in the appIica-
ton for a permanent writ.
Blow to State Commission.
Decision of the supreme court to-
day in the emergency case was regard
ed in state house circles. as a heavy
blow to the state commission. The
temporary writ had been asked on al
most the sole statement of facts by
the utilities commission. Now the
commission is shorn of temporary au-
thority to prevent interference with
its rates and must meet the final is
sue on records of interstate commerce
commission action as submitted by the
railroads 5-.ss-s as-5-
Answers filed by the railroads, in the
ma ndamlIs, proceedings this afternoon
tended to throw new light on the case.
The state. commission had directed a
80 per cent reduction in livestock rates
from western feed lots to eastern pas
lures. The order was made on a claim
OF discrimination thru interstate re-
ductions by the interstate commerce
commission. Now the railroads at
tack the claim and question the good
faith of the state commission and the
livestock association which Joined in
approval of the commerce commits
sion'S action.
Ask Reduction in Rates.
Carriers this afternoon recited to
the court that on March Z livestock
associations, including the Kansas
organization, filed an emergency re-
quest for reduction of rates from the
southwest on stock and feeder cattle
The cattle were to be moved to Kan
sas and northern feeding grounds to
relieve distressed conditions in drouth
stricken areas of Texas and Okla
homa. At request of the federal COM
mission, railroads waived formal hear
ing and appointed seven vice-presi-
dents of Kansas lines to meet with
representatives of livestock interests
in Washington.
Now, according to the answer of
the railroads, it appears that repre-
Sentatives of the state of Kansas at
tended the conference. 1t was agreed
that the commission would permit
carriers to reduce interstate rates
from the southwest to Kansas But
Chairman Clark is declared to have
stated that no precedent to reduce
rates should be established because
of this action. Neither was discriIni-
h t t h Kansas representatives
agreed to this course.
No sooner had the reduced rates
been published. it is declared, than
Kansas livestock people brought suit
before the state commission to secure
reduction because of the alleged dis
elimination 1t is further urged by
the carriers that their course was in
keeping with requests of livestock in
terests and that they received testi-
monials of thanks for their action.
Then, they point out, their action was
used as the basis for proceedings
charging discrimination.
Tried to Help Industry.
I'VE tried to help an industry in
distress at its own request" said
James L. Coleman, counsel for the
railroads, this afternoon in discussing
the rate controversy. 'and as soon as
We did what they asked, they turned
against us. l do not think that is
right and no matter how the suit
turns out we want the people of Kan
sas to know the facts"
No date has been fixed for final
hearing on application for a perma-
nent writ. If it is urged by the state
commission, there is every prospect
for a lively day when the matter
comes before the supreme court. De-
NAL of the temporary writ today is
believed by lawyers familiar with the
case to put the state commission on
defensive in the case and to add re-
sponsibility for clearing the records
as to the hearing in Washington