The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-18
Compromise in Missouri.
Case to See If Rail
roads Can BcarIt.
If NOT, THEY
HAVE REDRESS
Novel Solution Of Question That
. Brought on Clash Between
State and Federal Courts.
States Rights Not
Involved, Says
Judge.

KANSAS CITY. June l7.--The Mig.
6ouri two cent passenger fare net Will
tEo into effect at "A. NJ. on "Wednesday
sfor three months trial. II at the end
OF that time It is found to be unre-
+! s!munerntivc, It's enforcement can be
Fought In the courts By the railroads
lThe State officers are temporarily en-
Joined from enforcing tho maximum
freight rate law. and this case will be
argued later In tho Federal court.
Judge Mcpherson. In the United
States District Court, this afternoon,
after handing down an opinion main
taining the courts jurisdiction, In the
premises. ordered the promulgation OF
the above stated facts. which had been
agreed to by the attorneys o. the State
and for the eighteen Missouri rail-
roads involved. The court. in It's de-
cision, had suggested that tho two
cent fare should be first given prac-
teal trial before Injunction proceed :
tngs preventing its enforcement bn
considered.
Question OF Jurisdiction.
On the question OF Jurisdiction, the
,,nost important before the State and
federal courts. Judge MCPHERSON said:
That the States have the right to
\ manage their own local affairs will
ever be maintained But 1t Is too late
to talk about States debating to the
government. or to riding down it's
courts. This is nation. It's COM
1nerce will bo interfered with by
any State, because, for that almost
alone. we adopted our Constitution.
The commerce clause Will always be
upheld, and the rights OF the citizen.
including corporations, Will ever be
8 protected in their just rights under
the fourteenth amendment. There are
, national questions. and the Supreme
i Court will hold the scales OF Justice
with the evidence before them. I do
not know. and. OF course, do not state.
Z that the State Legislature has wronged
these railways That Is this case on
ity merits. But tho railways, say they
arc being wrongcd. and they must
& have a hearing, and q hearing on the
evidence, and that evidence carried
+ with the record to the Supreme Court;
and II, upon the evidence, they are
being compelled to transact business
ut loss, none need doub. that the
Supreme Court Will nullify the stat
ute"
1T the rates fixed are remunerative,
the statutes Will be upheld.
1T is too late to talk about the al
legged wrongs OF the Supreme Court
declaring statutes void. That was
fought out one hundred years ago. It
must be remembered that In passenger
and freight carrying there is much to
be considered besides rates or fares.
Important as any, II not the most Inn
portant, is the equality Of rates; tho
treatment and charging OF all alike.
n No rebates. no determinations. must
be allowed. Safety Of the public, in
Guiding passengers and employees. must
be considered. And Of as much impor-
tanco as any other question Is efficient
service. Rapid and prompt delivery OF
freight must be had. Fast passenger
trains, with but few stops. for pas
sengers going q considerable distance
are demanded. Local trains for local
business are required
Must Pay for Service. y5t
ITO have these, reasonable compen-
sation must be paid. So that these
questions are all involved.
"And, In consequence, such business
Us is between st. Louis and st. .Joseph
+ Kansas City and St. Joseph. Kansas
City and Joplin, and perhaps other
points. where parts Of the routes OF
some OF the lines are out of the State
q grave question is presented, and no
small question is covered whether
parts Of these statutes are void that
tho matter can be separated and the
balance Of the statute remain in force
because Congress. even as to those
lines wholly within the State. may OF
may not have control of such COM
merce when It directly interferes with
commerce passing out ofsand back into
i the State. neither pass upon this
question nor express an opinion there.
on, because. while such questions have
frequently been discussed by the ablest
of men, such questions have not yet
K been decided. I simply mention It as
b a great national question: ~ {klEa
nAIJuOAnS MIST POST H 88