The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1905-04-22
Message on The Freight Rate Bill.

Governor Folk signed the Speer-
Dickinson freight rate bill last Satur-
day and in comment upon the bill
wrote as follows:
"This act fixes maximum freight
rates on car load lots and affects prac.
tically only farm products, covering
grain, -four, salt, lime, lumber, live
stock and agricultural implements. 1t
is insisted that the rates in the bill are
u~nreasonably low. 1 have given the
bill careful consideration and have
endeavored In the limited time l have
bad to ascertain whether it is just or
not. The legislature has the right
under the constitution to provide
reasonable maximum rates. If the
rates so fixed are unreasonable they
cannot be enforced under the Jaw.
The railroads are entitled to receive
from the public a reasonable profit
upon the capital invested in the bust
ness In which they are engaged. As
to what rates would afford this reas-
enable return depends on the cost Of
building, the expense of operating, the
net income and many other facts that
can be obtained only after a full hear
ing and the taking OF testimony con-
corning the subject. Such investiga-
tion IS beyond the province Of the
executive and is forbidden by the time
the constitution gives the governor
after the adjournment of the legislature
to pass on bills. The executive must
therefore determine the morris or de-
merits Of the act from its face and by
such comparisons with former rates
and present rates as be is able to make.
"While 1t is apparent that the rates
IN this bill are materially lower than
the present rates, especially from o
competitive points, whether they are
unreasonable or not, cannot be deter
mined by this comparison. There are
go many elements that 20 to make up
q reasonable rate that manlfestly no
correct conclusion can b. arrived at
without a full hearing as to the facts.
Comparing the various Items 10 the
bill, no gross inequality is noted ex-
cept In the live stock section. On a
car Of live stock the maximum rate
under the bill is Sc for the first twenty
five miles, while on lumber il is SIS
and on wheat $40 for the same dis
lance. Considering the value Of 1--we
stock and the expense of carriage as
compared to lumber the rate on live
stock seems unjust, Yet | find for one
reason OF another railroads now charge
less for Transporting live stock than
for carrying lumber, though the dis
parity is not so great under the present
rate as under this bill.
"But as the governor cannot disap.
prove n section without nullifying
the whole measure. and as the judiciary
can declare che rate which Is fixed on
any class Of freight unreasonable with
out affecting the remainder of the bill,
| do not believe it would be right to
destroy the entire act for this seeming
defect. That there should be a read
iustmeut of freight rates in this state
there can be no question.
at IS a matter that must be fought
out sooner or later. This measure is OF
least a step in the direction Of the
solution of the question, for the courts
can, If the contention that the rates
are unreasonable is insisted upon, after
hearing all the evidence and examining
into all the facts that are not available
to the executive, decide upon the
r%easonableness Of the rates the results
Of which proceedings would be that
the public would be advised as to
what rates are reasonable and the rail
road commissioners or the next general
assembly can equalize such inequalities
Of this measure as may be found to