The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-04

IF you are constrained to make 2
finding as asked for in the complaint >
said Mr. SIuss, Il appeal to you not tc
make such a finding as can he CON
strued as indicating that the passen-
ger fares on the Frisco are too high .
Mr.. Grattan then endorsed what
Judge Sluss had said. and declared
that he did not want any order which
would in any way prejudice the posi-
fiOn OF the railroads. or whtca could
be used in any way IN the future TO
the detriment of the railroad com
panies or to the advantage of the
state.
Taking of Testimony Begins.
The taking of testimony then COM
menced. Z. c. Sinner, secretary of
the Kansas railroad commission, was
sworn, and read the dispositions taken
by Mr.. Grattan in Nebraska. The first
deposition was that of John J. Ryder,
deputy labor commissioner of Ne
braska. Mr.. Ryder said that the 1900
census showed the population of Ne
braska to be 1.O6S.539. He said the
estimated population is now 1,50O,-
00O which would be 19 per square
mile. Mr. Ryder testified concerning
the general geographical character
istics of the state.
j. A. Williams, member of the Ne
braska board, gave a deposition con-
cerning the receipts of Nebraska rail-
roads from the reports of railroad
companies. He stated that the popu-
lation of Nebraska per mile of rail-
road is 20.3. He testified that the rail-
roads of Nebraska have all put in the
2-cent rate, and are not directly con-
testing that rate in the courts, but
that in q cross petition the railroads
are contesting the rate
u. g. Powell, rate clerk of the Ne
tion read. He testified that the
freight rates in Kansas and Nebraska
are practically the same, while the
rates in Colorado are higher and in
eastern states are lower.
Sinner Gives Interesting Figures.
Mr.. Sinner was then questioned by
Mr.. Grattan as a witness. He gave
the population of Kansas, and showed
the population to be 20.2 per square
mile. Mr.. Sinner then read a tabu-
lation prepared to show the charac-
teristics of certain railroads in Ne
braska and Kansas, the object being
to show that the Nebraska and Kan
sas roads are similar in physical
characteristics. The figures showed
that the Kansas roads have fewer
curves, more level track, and gem
orally more favorable construction for
economical operation. Mr.. Sinner also
read a comparison of passenger traffic
conditions of Kansas and Nebraska
The Chicago Northwestern in n ebraska
showed earnings per mile of ST.
sas $1.814.26; for the Santa Fe in
Kansas $2,SO5.71. The average dis
tance of haul for each passenger was
for the Chicago Northwestern, 54.65
cents; Union Pacific. 67.71 cents;
Santa Fe. 1857 cents.
A table was also presented showing
the freight conditions in Nebraska and
Kansas. The table showed that the
freight tariffs are similar
Mr.. Grattan offered in evidence the in
braska to compel the Chicago Burling-
ton & Quincy to obey the cent fare
law. This was for the purpose of show
ing that the c. B. e. Q. was obeying the
2-cent fare law. while the reasona bless
is being litigated.
Mr.. Grattan stated that if any of the
evidence presented seemed to pertain to
the question of reasona bIeness of the
2-cent fare rate. he would withdraw that
part of the evidence
On cross examination J. H. Richards
of the Missouri Pacific asked what ex-
animation Mr.. Sinner had made concern
ing the remunerative possibilities of a
2-cent rate in Kansas. Mr.. Sinner had
not made any.
n. H. Loomis asked Mr.. Sinner to fig
ure out the population per mile of road
in Kansas.
Lathrop's Motion to Dismiss.
The state then rested it's case. Gar
diner Lathrop of the Santa Fe then Of
fered to the board the following mo
ton:
Now comes the Atchison Topeka &
Santa Fe Railway company and moves
the board to dismiss the complaint here
in for the following reasons, to-wit:
''First-Because the complaint states
no cause of action.
Second-BeGause no evidence has been
showing the present rates for
local passenger travel to be unreason-
able.
"Third-Because no evidence has been
introduced showing that the proposed
emergency 2-cent rate would be reason
able and just.
'Fourth-Because the legislature of
the state of Kansas having upon full
investigation, passed an act fully cover
ng the subject of passenger rates this
board is without authority to change or
Wherefore the Atchison, Topeka &
Santa Fe Railway company prays that
said complaint be dismissed.
GARDINER LATHROP.
''W. R. SMITH.
"A. A. HURD."
II see by the public prints" said Mr..
-athrop, in speaking on his motion,
that my friend the governor, criticises
ny remarks concerning the attitude of |
Governor Hughes in New York The
conditions in the two states are entire
y dissimilar. There was no investiga-
ion in New York. Here in Kansas the
natter was thoroughly gone into by the
egislature. After full investigation, |
he mileage book bill was agreed upon,
md the railroads agreed to accept it. |
therefore contend that it is beyond
he power of the board to amend an
let of the legislature
Mr.. Lathrop then argued at length the |
'arious grounds set forth in his mo- |
ion to dismiss the complaint
NJ. A. Low, on behalf of the Rock |
sland, filed a similar motion to that |
r.. 7 T,fI v@I ton
There are no facts to justify the board |
n making a reduced rate" said Mr. |
1ow. land when we go into court If |
We do go, the court will say, What are |
he facts?' This board can't afford to |
nake an order which it knows is IL |
X II. Loomis for the Union Pacific |
nd St. Joseph & Grand Island, made |