The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-06-07

not as attorney for the Missouri Pacific
Railway company, and 1 desire you to so
consider it and treat it as confidential.
You will remember we had hearing
before the railway commission, in which
you appeared as the representative of a
large number of compliments, and we
made the point that the commission had
no authority to act in establishing a
schedule of maximum rates. 1t has oc-
CURED to me that an arrangement might
be made whereby if the board of railroad
commissioners would assume to act, the
companies would not raise the question Of
Jurisdiction, but only reserve the right to
question in the courts the reasonableness
of the rates which the board might es-
tablish, the same as if the authority to
establish a schedule of maximum rates.
was clearly and explicitly given by the
statute. I do not know that the com>
panies will agree to this, but if you win
advise me before our next conference,
that such an arrangement would be sat
isfaetOry to you, I viii endeavOr to bring
it about, if such a course should become
necessary in order to eqUalize and adj
just existing rates.
Personally, I think the present rates as
a whole, are too low, but I know that you
and others entertain different views.
There are some Determinations that
ought, and I have no doubt. will be adj
justed, but I do not think the companies
afford any such reduction as contem~
plated by the Brown maximum rate bin.
The only questions, therefore, which
could be raised under existing statutes,
are:
First-Authority of the board to act,
except upon individual complaints, and
second-The reasonableness of the
schedule of maximum rates which the
commission might establish.
Suppose, therefore, the railroad COM
panies would stipulate to waive the first
question, might not the whole difficulty
be solved by the board proceeding upon
notice and hearing to establish a schedule
of maximum rates, leaving to the railroad
companies all the remedies they would
have, if there was no question as to the
authority of the board to act under this
statute. If the rates established were
reasonable and satisfactory, the COM
panies would put them in; if they were
not, then the companies could apply to
the courts for an injunction upon the
ground that they were unreasonable in
the same manner they might apply if the
authority to make a schedule of maxi
mum rates was clearly vested in the
board. If the courts should hold the
rates reasonable, there would be nothing
left for the companies to do but to put
them into effect. If, the other hand.
the courts should hold the rates unreal
sonable. the companies would not be COM
PEELED to put them into effect.
I would be glad if you would think this
over and let me hear from you, care of
Holland House. New York, before I re-
turn to the west. I will be at the Hol>
land until April 3. This letter is written
to you in confidence, and as I said before.
not as the representative of any railroad
company. If the plan is regarded by you
as feasible I would much prefer it came
as a suggestion from you. rather than as
from me. Yours truly,
(Signed) B. P. WAGGENER.
To this letter Governor Leedy replied as
follows: