The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-18

passenger trains with but few stops,
for passengers going considerable dis
lance, is demanded. Local trains for
local business are required. To have
these reasonable compensation must be
paid. So that these questions are all
Involved. And in consequence such bus
mess as 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 lines are out of the states, a
grave question is presented and no
small question is covered, whether
parts of these statutes are void that
the matter can be separated and the
balance of the statute remain in force,
because congress, even as to these
lines wholly within the state, may or
may not have control of such COM
merce when it directly interferes with
commerce. passing out of and back into
the state. l neither pass upon this
question nor express an opinion there
on, while such questions have frequent
ly been discussed by the ablest of men.
such questions have not yet been de-
ciGed. l simply mention it as a great
national question.
Not the Only Remedy.
1T is urged with much plausibility
THAT because penalties are affixed to
the statutes of 1907 that the criminal
courts of the state only take jurisdic-
ton. 1 do not stop to review the var
iOus Missouri statutes upon the sub
ject of both passenger and freight
rates, ali of which must be construed
as in pari materia. But it is sufficient
to say that the infliction of penalties
is not the only remedy. The attorney
general and railroad commissioners
still have much to do with the enforce
ment of these statutes which the rail-
ways contend are void in part. In the
original cases the question is wheth-
er all the earnings In the aggregate
were renumerative. That question is
still present under the statutes of 1907.
Neither these laws by raising the
freight rates and lowering the paSsen-
ger fares are remunerative in the ag-
gregate must be considered by the
court. The state is not i'm effect a par
ty. because the charge is that these Of
ficers are seeking to enforce void
statutes. in more ways than by inflict-
ing penalties.
Former Orders viii Stand.
THE orders heretofore made will
stand until vacated or modified The
cases will be set down for hearing as
to whether a temporary injunction
shall issue, and if issued what shall
be the scope? Shall they restrain the
enforcement of the freight rate stat
ute? Shall they restrain the enforce
ment of the two-cent passenger rate
statute? Tentatively, subject to argu-
ment and subject to change of opinion,
if l should hear the cases,
my present view is that the
two-cent passenger rate statute should
be put in force and kept in force
he ot NIT he
right of the railways later on to re
new their motions to enjoin thea en-
fOrcement of the statute. One class of
people claim that with a two-cent fare
travel will so increase as to make it
remunerative. Others deny this. The
Wisconsin commission but lately de-
clared, after months of investigation,
that in that state a two-cent fare
would be eonfiscatory, and Governor
Hughes by a recent veto message so
declared in the populous state of New
York. How is this question to be de-
termined? Is 1t not all speculation and
guesswork? OF what value will be the
testimony of an ordinary business
man? And of what value will be the
testimony of railway experts?
Such are my present views, hurried
ly stated, and without time to place
them in the shape of a formal opin-
ION. NOT would II De OF SUBSTANTIAL
benefit to any one to review the many
authorities. They are known to the
profession and the courts. But I have
stated the law as 1 understand it to
be-"
Cannot Collect Penalties.
Later Judge Mcpherson entered an
order putting into effect the agreement
of facts entered into between the at
torneys for the state and the railways,
as follows:
THAT the railways application for a
temporary injunction as to the mini
mum laws of 1907 is sustained and until
further order of court therein, the
state officials are enjoined from at
tempting to recover any penalty or
seeking to enforce that raw.
AS to the two-cent rate act, the
order heretofore entered by the court
enjoining the railways from obeying
that law, shall remain in effect until
June 10, next at a. m, at which time
the rates fixed by said act shall be
put and kept in force for three months
without prejudice to the rights of eth
er party for the purpose of ascertaining
more definitely the extent that exper-
fence will show that the rates under
said act reduce or increase the earn
inOS Of QOnnTaipantc -