The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-15
RYAN KICKS OVER
Railroad Commissioner Dis
approves Action of Board.
Does Not Endorse Inactivity on
Two Cent Fare.
HAS PLAN OF OWN.
Would Have Companies Make a
Showing.
Attorney General Jackson Dis
cusses Boards Action.

Frank ]. Ryan. one of the three rail-
road commissioners of Kansas, does not
endorse the attitude which the board
mas assumed concerning the two cent
passenger fare proposition, and he does
not agree with the attorney, G. F.
Grattan, in his declaration that the
board should wait the outcome of other
two cent fare litigation before making
an order.
Mr.. Ryan said today:
In my opinion, the board has annie
jurisdiction, under the law. to call a
meeting of the various railroads in
Kansas, said meeting to be held at the
oHces OF the board, and at that meet
ing let the railroads introduce testf-
mony, from financial standpoint, in
order that it might be shown as to
Mhether or not two cent fare can be
inaugurated
If after all the testimony is heard.
the BOARD should make an order re-
curing the enactment of a fiat two cent
rate, 1t would then become the duty of
the various roads to test the jurisdic-
eion OF the board in the supreme court.
missouri, Illinois, Nebraska and
other western states are enjoying a
nat two cent rate, and 1 see no rea-
son why Kansas should not be put on
the same basis.
Il do not believe the hearing would
law, in any way"
Mr.. jackson Can't Understand
Attorney General f. s. Jackson, who
expressed himself as being dfsappoint-
ed in the action of me railroad COM
missioners on the two cent fare promo
sition, said:
Il see no reason to think that the
railroad companies would withdraw the
case the state board of railroad COM
missioners should order a fiat two cent
rate established, and 1 can not under
stand why the railroad commissioners
that account.
If the railroad companies should
withdraw this mileage book plan,
after obeying the law for six months.
they would have to assert that they
did so because the law is invalid. They
would also have to admit that they
accepted the provisions of the law
knowing the alleged unconstitutional
features existed In it. They would
have to admit that this mileage book
law was enacted by the legislature as
a result of a 'deaI-that it was a COM
promise measure dictated by the rail-
road companies. And such admis-
sions would not leave them in very
good odor, it seems to me.
Furthermore, it occurs to me that
the railroad commissioners them
selves are not under the slightest OBJ
legation to pay any attention to the
it represents the sentiment of the
legislature. If, as claimed. the mile
age book law was the result of COM
promise, dictated by the railroad COM
panies. then the board. by refusing to
interfere with it, simply says that 1t is
willing that the railroad companies
should dictate its actions.
my opinion is that the legislature
meant what it said when it gave the
railroad board the general right to
regulate passenger fares. The fixing
of a passenger rate is a duty which
the legislature might well shirk, as
the legislature as a whole has not the
facilities or the time for making an
adequate investigation of the subject
But it created the railroad board for
the express purpose of making such
Investigations, and taking such action
those Investigations. If the board
finds that a 2-cent fare is reasonable
and just it ought to order such a rate
instituted without any quibbling.
"As it is, the chances are that the
state of Kansas. will be a year or two
behind all the other states of the west
in getting fat 2-cent fare. because of
course the railroads will fight as long
as they can, and we will have to fight
here in Kansas regardless of the out
come of the litigation in other states
The people of Kansas will be paying
8 cents a mile while the people OF
other western communities similarly
situated are paying cents.