The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-24
1T IS ON THE WAY.
fcontinued from Page one.l


! of the other states rendered upon the
| question. However deslrdole l"o-
cent fare may be to the peopie' NASTY
and inconsiderate action woulo oelay,
even If it were the judgment or the
attorney that the board had power TO
make and enforce such an order; IN
other words, it is the part OF Wlsoom
| to await the early action OF the court Is
in the other states. that we may nave
the benefit of their Judgment. on the
question. The relation OF the rail-
roads of this state to the question as
pending in the other courts IS such
that they must of necessity resist any
orders in this state until maj de.
cision is reached in the other states.
Now however Mr. eGrattan says:
am reluctant to take any course that
might by reason of delays in court prove
in the end to be against the interests or
the people, but I shall make complaint,
and do all that is within my power. and
l know that the board will also do all In
their power to give the people 2-cent
rate" And then Mr. Grattan says that
unless the railroads obey this order the
governor should call the special session.
Thus everything taken together 1ndi-
Gates that the board of railroad commits
sioners will comply with the request OF
Governor Hoch and issue 2-cent fare
given to understand that unless they
comply with the order, the legislature
will be convened in special session for
the purpose of passing 2-cent fare law
that will go into effect Immediately.
Mr.. Grattan's Opinion.
G. F. Grattan, attorney for the state
board, gave out the following statement
concerning the situation on Friday af-
ternoon:
Under date of August IA, as attorney
for the board, 1 gave to the press
statement and opinion, and in doing so
- obi n
so, to invite public consideration of the
2-cent passenger rate. Since that date
l have carefully observed the comments
of the press and public, and have invit-
ed the public to freely speak upon the
question. The communica ton of the
governor of August % to the board of
railroad commissioners in it's spirit and
purpose meets my most hearty and cor
dial approval. The governor could not
nave done any act that would have
pleased me more than his recent COM
munication. I knew then as we'll as
know now that the general public do not
understand the difference in our sftua-
ton in Kansas and the situation in Me-
braska and Missouri In Nebraska
their law fixing a 2-cene rate declares,
whereas an emergency exists, that this
law shall take effect and be in force
from and after it's passage and ap-
prevail and it was approved the 9Th of
last March The act of Missouri instead
of declaring an emergency makes 1t
crime for any person, corporation or
agent to violate the law relative to the
2 cents per mile, subjecting it to fine
of not less than 800 nor more than $500,
for each offense. The laws of Missouri
and Nebraska are acts of the legislature
and are in force, and when the railroad
seeks to have these laws set aside on
the grounds that they can not carry
at 2 cents mile the Nebras-
ka and Missouri laws are in force dur
ing all of the litigation, and the people
have the benefit of the. laws even If the
laws at the end of the law suit should
be declared void. While in Kansas we
have no law other than that the board
may make an order that the railroads
shall charge not to exceed cents per
mile and this order the board cannot
put into effect at once. but must bring
a suit in the courts, asking the courts
to enforce. the order of the board, and
the order never does go into force until
the end of the litigation, which may run
into years. / make the positive state
ment that any order of the board order
ing a 2-cent rate does not give the peo-
pie the benefit of it at once and they do
not get the benefit of the 2-cent rate
until months and years later when the
courts shall order at the end of litigation
that the roads shall obey the order OF
the board, and If the order be not sus-
tanned by the courts, we are then pack
to where we started.
at do not know what the courts will
say as to the validity of the mileage
law. I am inclined to the view that
the mileage law IS applicable 10 every
person and that 1t makes no d1stinc-
ton whatever, and that the INABILITY or
4 person to buy or travel as much as
500 miles in one year will not make
the law void as being class legislation,
and even if the courts should hold that
The mileage law is a valid law l find
nowhere that the statute makes 1T a |
crime for the railroads not to observe |
this mileage law, and 1t can only be |
enforced by an order of the board, and |
his through delayed litigation in the /
courts. 1 haze been reluctant as A |
aew officer of the state to precipitate |
litigation between the state and the |
railroads and give the railroads any |
pretext for not observing the mileage
aw and thereby restore ourselves to |
the old conditions of cents a mile. |
Now that the public snd the press, as !
we'll az the governor, speaking for the |
people desire that the board shall take |
Up the question, feel that the people |
ought to be willing to be satisfied with |
he results after complaint is made. L
nave felt all along that the railroads
ought themselves to put In fiat 2
cent rate in Kansas, and L still beHeve
hat the railroads can be induced
without protracted litigation to obey !
any reasonable order of the board or
1ering 2-cent fare. Ny individuai
opinion that the railroads can afford |
20 carry passengers at 2 cents mile
have long entertained, but l know
hat individual opinion cannot cnange
l fact nor induce others to think the I
same. I have not spoken to either
member of the board. and I do not
know what their views are upon the
communication of the governor, and
speak this for myself. I am salts
led that the people of this state are
Wiling with eyes wide open that the
BOARD and it's attorney should make
Ill reasonable and honest endeavor
for nf a q
favorable ternls as the surrounding
states enjoy. an reluctant to take
my course that might by reason of
1elays in court prove in the end to be
against the interest of the people, but
shall make complaint and. do all
hat Is WITH - md know