Atchison, T. & S. F. Ry. Co. v. Public Service Commission

• Citation: 192 S.W. 460
• Decision Date: 13 February 1917
• Docket Number: No. 19705.,19705.
• Parties: ATCHISON, T. & S. F. RY. CO. et al. v. PUBLIC SERVICE COMMISSION OF MISSOURI et al.
• Court: Missouri Supreme Court

192 S.W. 460

ATCHISON, T. & S. F. RY. CO. et al. v. PUBLIC SERVICE COMMISSION OF MISSOURI et al.

No. 19705.

Supreme Court of Missouri. In Banc.

February 13, 1917.

Rehearing Denied February 24, 1917.

Appeal from Circuit Court, Cole County; J. G. Slate, Judge.

Complaint by John M. Dean, for himself and others, against the Atchison, Topeka & Santa Fé Railway Company and others. From an order of the Public Service Commission in favor of complainants, defendants took the complaint by petition for review to the circuit court, and from its judgment affirming the order, the defendants appeal. Order set aside and vacated, and cause remanded.

Thomas R. Morrow, of Kansas City, for appellant Atchison, T. & S. F. Ry. Co. F. S. Hudson, of Kansas City, for appellant Chicago, M. & St. P. Ry. Co. O. M. Spencer and H. J. Nelson, both of St. Joseph, for appellant Chicago, B. & Q. Ry. Co. Paul E. Walker, of Topeka, Kan., for appellants Chicago, R. I. & P. Ry. Co. and J. M. Dickinson, its receiver. S. W. Moore and J. M. Souby, both of Kansas City, for appellant Kansas City Southern Ry. Co. J. G. Trimble, of Kansas City, for appellant Quincy, O. & K. C. Ry. Co. J. M. Bryson and J. W. Jamison, both of St. Louis, for appellant Missouri, K. & T. Ry. Co. J. B. Daniel, of Piedmont, for appellant Missouri Southern Ry. Co. E. A. Haid, of St. Louis, for appellant St. Louis Southwestern Ry. Co. W. F. Evans and E. T. Miller, both of St. Louis, for appellant St. Louis & S. F. R. R. Co. Scarritt, Scarritt, Jones & Miller, of Kansas City, for appellant Chicago & A. R. R. Co. J. L. Minnis and N. S. Brown, both of St. Louis, for appellant Wabash Ry. Co. E. J. White, H. H. Larimore, and J. F. Green, all of St. Louis, for appellants Missouri Pac. Ry. Co. and St. Louis, I. M. & S. Ry. Co. Alex. Z. Patterson, General Counsel, and James D. Lindsay, Assistant Counsel, of Public Service Commission, both of Jefferson City, for respondents.

BOND, J.

I. John M. Dean, on behalf of himself and other traveling salesmen, made complaint to the Public Service Commission that certain regulations adopted by the railroads of this state in reference to the storage of baggage remaining more than 24 hours after reaching its destination, was unjust in its application to the baggage of persons following the calling of complainants. The regulations complained of are, to wit:

"The first twenty-four hours free; second twenty-four hours or fraction thereof, twenty-five cents; for each succeeding twenty-four hours or fraction thereof, ten cents, except that baggage will be held free when received at any hour Saturday and claimed before the same hour Monday, or when received at any hour Sunday and claimed before midnight the Monday following. If not claimed within the time specified, storage will commerce twenty-four hours after receipt of baggage. Legal holidays will be treated same as Sundays, but no deduction will be made for Sundays or legal holidays after storage has begun."

The specific objection urged against the above regulations was that, in the course of the business of complainants as traveling salesmen, they —

"find that merchants and other persons who purchase merchandise from samples from traveling salesmen are not able to examine the samples and purchase the same on Saturday, and that a longer time should be provided by rule for the free storage of baggage arriving on Friday, and not to be removed until Monday, than during other days of the same week."

The defendant railroad companies filed answers substantially alike, to the general effect that their regulations covering the storage of undelivered baggage are reasonable and have been in general use for many years in the United States, without objection on the part of the general public; that the baggage rooms used in connection with their business are of limited capacity, and would be overcrowded if travelers should not promptly remove their baggage after reaching its destination, concluding their answers, to wit:

"And these defendants aver that the extension of their storage time for baggage in compliance with the request of complainants in this cause would be a discrimination in favor of a portion of the traveling public and against interstate travelers, and such privilege and discrimination would be invalid and unauthorized."

On the hearing before the Commission certain traveling salesmen testified to the effect that when they arrived just before Saturday, or on a holiday, in certain towns, they found it inconvenient to get the local merchants to examine their samples, because Saturday was generally their busiest day, wherefore they desired the railroads should alter their regulations, so as to allow an additional free storage for 24 hours in such cases. The Commission sustained the complaint of the traveling salesmen, making its finding and order in the following terms:

"Storage will be charged on each piece of baggage, either inbound or outbound, checked or not checked, remaining at the station over twenty-four (24) hours, as follows: The first twenty-four (24) hours free; the second twenty-four (24) hours, or fractional part thereof, 25 cents; for each succeeding twenty-four (24) hours, or fractional part thereof, 10 cents, except that baggage will be held free when received after 12 o'clock noon on Friday and claimed before 12 o'clock noon on Monday, or when received at any hour Saturday and claimed before the same hour on Monday, or when received at any hour Sunday and claimed before midnight of Monday. If not claimed within the time specified, storage will commence twenty-four (24) hours after receipt of the baggage. Legal holidays will be treated the same as Sunday, and when a legal holiday falls on a Saturday or Monday, or is observed on either of these days, the Sunday and legal holiday combined will be treated the same as Sunday; that is, baggage arriving at any hour after Friday noon, when Monday is a legal holiday, will be held free until noon on Tuesday. Baggage received at any hour on Friday, when Saturday is a legal holiday, will be held free until midnight Monday. If Monday is a legal holiday, the...