The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-26
FUTURE OF MILEAGE BOOKS.


New York Evening Post.
The recent decision of the Court OF APP
peals of this State, that the mileage-book
law of 1895 is unconstitutional, following a
decision of the Supreme Court OF the
United States, is regarded as completing
the emancipation of railway companies in
the United States from a necessity imposed
by law to issue mileage books emitting the
holder to travel one thousand miles or
their respective lines at a maximum rate
of two cents a mile.
The case in this State was that OF Arthur
II. Beardsley, respondent. against the New
York. Lake Erie & Western Railroad, and
John G. Mccullough and 4. b. Thomas, as
receivers of that railroad, appellants. The
courts opinion, delivered by Justice Cullen.
held that the act, Chapter 1927 of the laws
of 1895, requiring railroad corporations to
issue mileage books and providing a pen
atty for their refusal to do SO, is invalid as
to corporations existing at the time of it's
enactment. being violative of the provision
of the federal Constitution which forbids
the taking of property without due process
of law; and that such an act is not a valid
exercise of the police power Of the State.
nor of the power or the State to establish
maximum prices for the transportation OF
persons and property, but is simply an
enactment in favor of those persons who
are able or willing to purchase mileage
books.
The case before the United States SUI
preme Court was that of the Lake Shore
Railroad against Smith, involving a statute
almost identical with the act of 1885 in this
State. The qualification which exempts the
decisions from application TO corporations
formed since the passage OF the act is slight
at present, since few, If any, railway corpo-
rations have come into existence since then.
In the future, unless the act be repealed,
the qualification may become OF some mo-
ment.
Since the companies are no longer obliged
to sell mileage books. the question has nat
urally been asked whether they would con-
tinue to do so, and, If SO. upon what terms.
1t was learned to-day that none of the
companies operating in this State and GEN.
tering I'm this city had even considered the
question as yet, but had continued selling
the books without change or modification
of any sort. 1t was said that there was
virtually no doubt that the companies
would continue to issue the books. but that
two changes were likely to be made. First.
the life of the book would be limited TO one
year; under the statute IL has been un-
limited. Second, holders would be required
to exchange the coupons for tickets at
the ticket office, instead of having them
taken by conductors on trains. The desire
of the companies TO enforce the latter rule,
the violent objection of book users to COM
pliance, and the provision OF the statute
in the latter's favor have mainly created
| the bone of contention.
The Companies preference is chiefly due
to representations made by their conduc.
| tors. In fact, IL has been n conductors
fight. and. backed by the companies, they
have won. The case was stated to-day Dy
| General Passenger Agent Roperts' OF the
.aThe computation of mileage imposed
A--1r a. III nd ~
n,uch of their time that they felt them
selves unable to give to their other duties
| the attention which their greater impor-
lance demanded. These duties concern the
safety of their trains and the lives or pas
sengers.
"Between the conductor of twenty years
ago and the conductor of to-day there Is a
vast difference. The chief function of the
| former was to collect fares; the chief func-
ton of the latter is to see that his train
goes through safely. The block system.
| electric signals, the speed OF trains. their
| immense number, numerous track intersec-
| lions. and a hundred other things have
wrought the transformation in the new as
| against the old conductor.
"An railway companies. recognizing this
| difference, have been systematically en-
| deavoring to reduce the conductors fare
collecting function TO a minimum. The law
compelling them to compute ana collect
| fare from the milage books worked oirect-
ly against this effort Of the companies. TO
the great harassment OF conductors ana
4 peril o. the puDuC. lues toiu eHS SOA.-Po
| les. moreover, that The system was inevt-
| tably resulting in a loss OF fare. since IL
made fraud easy, while the conductor was
practically unable 10 prevent IL. This fact
was appreciated, and. OF course. arrayed
] the COMPANIES still more on the side OF
the conductors.
"As TO the rate at which the mileage
books will be issued, 1 apprehend that there
will be no change either on our part or on
that of other companies. IL has been two
cents a mile-approximately what excur-
sion rates are-and We have never been
dissatisfied with IL. II is probable. I should
say, that the question OF modification will
be acted upon by the companies individu-
alIy and not in conference"