The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-04
Will Not Press Cases to Hear.
ing at Present.
ANTI PASS CIRCULAR.
No More Passes According to
Formal Announcement.
Annuals Will Not Be Reissued
After January 1.
Two Cent Rate Will Go Into
Effect on Saturday.

The twelve railroads of Kansas af-
fected by the two cent fare order is
sued by the state board of railroad
commissioners today filed suit in the
United States circuit court against the
members of the board, G. F. Grattan,
attorney for the board, and F. S. jack
son, attorney general, to test the rea-
soma bleness of two cent railroad fare
in Kansas
A restraining order is asked for
from the court to set aside and annul
the order of the board of railroad
commissioners. 1t is GAINED, how
ever, that this request for an injunc-
ton will not be pushed but is simply
a matter of form.
The suit filed is similar to the suits
filed Jy the railroads and now pend
ing in the states of Missouri and Ne
braska.
This is the last day allotted to us
by the board of railroad commission
erS in which to bring suit, said N H
Loomis, general attorney for Kansas
for the Union Pacific. 1--WE were
given thirty days in which to bring
suit and the thirty days would be up
Saturday. The two cent rate goes
into effect tomorrow There was a
general understanding upon the part
of the roads that there should be
general form followed in the filing of
the suits by the different railroads and
] think there is no difference between
them"
'what about the inJuucton?'
''That is really mere matter of
form. OF course an emergency might
arise in which we would ask for 1t but
it will not be pushed
The railroads interested and filing suit
are: Missouri, Kansas & Texas; Mis-
souri, Pacific; Rock Island; Santa Fe;
Dr. Iir1er f0T1
Leavenworth, Kansas & Western; Leav-
enworth & Topeka; Topeka & North
western: Kansas City Southern and ORR
ent. The first portion of the bill of
complaint cites that the members of
the state board of railroad commission
ers, G. w. Kanaval, c. A. Ryker and
Frank J. Ryan, issued an order on Sep
tember 8. 1907, directed to all of the
plaintiff railroads. calling upon them to
put into effect within 80 days from the
date of the order two cent passenger
rates within the state of Kansas which
should remain in effect until the termi-
nation of the litigation in the state of
Nebraska involving the reasonableness
and validity of two cent fares in that
state. The bill of complaint says:
Your orator further alleges that un-
less it complies with said order of the
board of railroad commissioners and
puts into effect the passenger rates
prescribed by it as aforesaid, within the
time specified in said order, that de-
fendant will proceed to compel obedi-
ence thereto by causing suits to be
brought to enforce the penalties pre-
scribed in the various legislative acts
of the state of Kansas creating the
board of railroad commissioners and
specifying their powers and duties; and
that the refusal to observe the rates so
fixed by said board would involve your
orator in a multiplicity of suits and
cause it irrevocable loss" The bill fur
ther states that on the oath of Septem-
ber written notice was served upon the
board by the railroad stating that it
would place in effect on October 5,
1907, two cent fare in Kansas, but under
protest.
That the rate is unreasonable, unjust.
oppressive, unlawful and confiscatory
and would lead to a reduction in inter-
state passenger rates is the meat of the
contention which the railroads raise in
throwing the litigation into the United
States courts.
Claim Rate Is Confiscatory.
The Union Pacific takes UP the COM
plant of the railroads in full follows:
Your orator further alleges that the
said order of the board of railroad COM
missioners of the state OF Kansas tx
ing passenger rates within the state al
two cents per mile as aforesaid is un-
reasona BILE, unjust oppressive, unlawful
and confiscatory and should be set aside
for the following reasons, to-wit:
Because the passenger rates fixed by
the board of railroad commissioners as
aforesaid are unreaSona bly, low, unre-
munerative, confiscatery ard dc rot af-
ford your orator reasonable compensa-
ton for the service performed per-
NIT it to earn a reasonable rate of in
terest upon the property owned and used
by 1t within the state of Kansas for the
carrying on of it's business as common
carrier within said state; and your ora
tor alleges that if the rates prescribed
by said board as aforesaid are put into
effect and maintained that it will COM
pel your orator to do the passenger bus
mess conducted by IT wholly within the
state of Kansas at loss and without
permitting it to earn reasonable in
come upon the property owned by it
within the state and used for the purpose
of conducting its passenger business
therein: that it will Furthermore com
pei your orator to 10 all of it's business
conducted by it wholly within the state
of Kansas at loss ard will not permit
1t to earn a reasonable income upon the
property owned by it within the said
state and used for the purpose of con-
Quoting its business therein. Your ora
tor alleges that the said rates fixed by
the board as aforesaid will compel your
orator to partwith its property without
due process of law and that the en-
forcement of said rates by said board
will be in violation of the fourteenth
amendment to the constitution of the
United States.
"Your orator further alleges that
the fixing of said rates at two cents
per mile will necessarily cause a re-
duction in interstate passenger rates;
that 1t will compel the lowering of
passenger rates charged all persons
travelling on your orators railroad
from points in Kansas to points out