The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-11
NO TWO CENTFARE
Railroads Won't Obey Order of
Kansas Board.
Chicago Conference Decides to
Test Boards Action.
RREAGH OE EAImU
BREACH OF FAITH.
Attorneys Charge That Kansas
Didn't Keep Word.
Mileage Book Compromise Made
in Legislature Violated.
Mr.. COnnell Explains Situation
on Behalf of Santa Fe.

Chicago. Sept. 11.-At a conferences
held in Chicago yesterday the Kansas
railroads decided to ignore the rail-
road commission of that state and re-
fuse to obey its order requiring a two
cent passenger rate The roads were
represented by their general counsel
and their executive officers in charge
of traffic. The refusal was based
upon the alleged unfairness of the sit
uation brought about by the action OF
the commission, which requires two
cent fares beginning October 1.
There was a full representation of
all the roads ]. c. Stubbs of the Har-
riman system occupied the chair.
AFTER full discussion, unanimous de-
cision was reached to resist the en-
forcement of the order and a series of
resolutions was adopted setting forth
the reasons of the roads for arriving
at this decision.
The effect will be that none of the
roads will obey the order of the Kan
sas commission by putting a 2-cent
rate into effect October 1. Prior to
that date, they will go into court In
Kansas and file the resolutions adopt
ed at yesterdays conference and this
will act a stay in the enfOrcem-ht
of the order until the court has had an
opportunity of passing upon the valid
ity of the order of the commissioners.
Under the Kansas law it is not
necessary for the roads to take out an
injunction The filing of their COM
plant as set forth in the resolutions
adopted has the same effect as an in
junction temporarily. The resoIu-
tions adopted set forth the confisca-
tory nature of the order complained
against. 1t is set forth that while.
owing to the phenomenal prosperity
now prevailing in the west. passenger
earnings are larger than usual should
depression set in, 2-cent rate would
be disastrous to the roads. as it would
not be sufficient under normal cOndi-
tions to meet the cost of the passen-
ger service maintained by the roads.
The roads assert that the Issuance
by the commission of the order COM
planned against was in effect a breach
of faith. inasmuch as it ignored the
compromise reached by the roads and
a committee of the legislature when
the roads agreed. If no general 2-cent
law was passed, to put into effect
500 mile ticket, to be sold at a fiat
rate of two cents This the roads have
done, but in spite of their action the
commissioners have ordered into ef-
feet a 2-cent rate. The grounds on
which the enforcement of the rate Will
be resisted will be exactly the same as
those to be used in resisting the en-
forcement of the 2-cent laws in Ne
braska and Missouri
What does it mean?" was asked Of
a Kansas politician. when the above dis
patch was shown him today.
1T means that the railroads think
they still control the senate lodge, and
other anti-railroad legislation, in case
of a special session.. was the reply
The refusal of the railroads TO submit
to the order of the railroad commission.
and give the state of Kansas the benefit
of a 2-cent passenger rate. puts II
suuarely up to Governor Hoch to make
good his statement that he would re-
sort to extreme measures to accom-
plish the desired end
Whether the governor Will have he
nerve to meet the call OF the railroads
remains to be SEEN
Il will exercise the full power of the
executive" said Governor Hoch when
informed of the railroads decision 20
bring about a 2-cent fare for Kansas
THE demand for Z-cent fare for Kan
sas and that the people Of Kansas be
pIaced on an equality with those aroun6
them is wholly in the rights of the peo-
pie and is not politics. II is only rea-
sonable and just and Will be ENFORCED
in some way. We are entitled to the
same rights as the people in the states
around us and so far as my power IS
concerned. mean so far as am able
to bring it about, the people VIII nave \
two cent fare"
q F. Grattan attorney for the board
was also greatly surprised at the atti-
t,1de of the railroads He expected that
they would grant the 2-cent mile
rate as an emergency measure
Ieavenworth, Kan. Sept 1.-THE
members of the state railroad com
mission were in this city last night.
and were notified of the action OF the
railroad companies in refusing to
obev their 2-cent fare order Each
Of them stated that they were under
the impression that the Kansas roads
would obey the order under protest
oor,1v1i=Sfonorg all stated that
they would exhaust every legal means
to have the two cent order put into
effect and that onee having decided
on it they would push it to the end
Mr.. Kanavel said that IN ms opinion
the governor would call the legisla-
ture in extra session if no other way
was found to get two cent q mile
fares