The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-13
NO TWO CENT FARE
State Railroad Board Decides
Not to Make Order.
Attorney Grattan Fears 1t
Would Make Trouble.
WAIT ON THE COURTS.
See What Other States Do
About the Law.
Action in Kansas Might Jeop-
ardize Mileage Books.

Under the advice of G. F. Grattan,
attorney for the state board of rail-
road commissioners, the board will
make no order at present for the estab-
lishment of a fiat two cent passenger
fare in the state Of Kansas.
Mr.. Grattan holds that If the board
should order the two cent fare estab-
hshed, the railroads would fight the
case as they are doing in other states.
He intimates that the present two cent
mileage book law would be jeopardized,
and possibly the state thrown back up
on three cent basis pending the set
tlement OF the fight in the courts He
therefore holds that it is better policy
for the state to allow the courts of
other states to decide the validity Of
the other two cent fare laws before or
dering the rate to be established in
Kansas.
This opinion of Mr.. Grattan is given
at the request of the board of railroad
commissioners, who have for some time
been considering the advisability Of
putting in the two cent fare by order.
G. w. Kanavel, chairman of the board
said this morning:
cent per mile order, or could keep the
present mileage book plan in opera
ton pending the settlement of a two
cent fare order, 1 would be in favor of
putting it in at once. But there are a
good many able lawyers who doubt the
right of the board to make such an or
der, after the legislature has by enact
ment adopted another plan instead Of
the fiat two cent fare. This board is
merely the creature of the legislature,
with no powers except administrative
powers conferred by the Legislature"
Mr.. Grattan's Statement.
The following is the statement issued
this morning by Mr.. Grattan:
THE press has made mention quite
often of the two-cent passenger fare,
and it is due to the public to know
g.,
vestigating that question, and as at
torney for the board l say:
soon after entering upon the du-
ties of attorney for. the board of rail-
the board for an opinion as to the
power of the board to make and en-
force a two-cent passenger fare with
in the state. At that time 1 found
several matters pending in the courts
that were urgent and involved ques-
tions of law that are very important
to the people of this state, and these
have occupied my time very fully. 1t
seems that no action upon such ques-
ton has been taken ythe board or
its predecessors, nor by its attorneys
preceding me, or at least do not
find the result of their examination
upon the question. The question or
the power of the board to make ana
enforce an order for two-cent pas
senger fare is a very important one to
all concerned, and requires deliber-
ate ana careIul consideration, ana e6-
cludes all hasty action by those rep
resenting the state. The last legisla-
ture passed the mileage ticket law,
and possibly with the tacit, If NOT
express consent of the railroads that
they would abide by such law. and so
far the mileage ticket law, it seems.
has proven acceptable to great
many of the people, and the railroads
have conformed thereto. The two
cent passenger fare is now pending in
the courts of other states, and an ear
Iy decision may be expected from the
courts in the other states, which will
commissioners. To the present timS
have not fully examined such ques-
ton of law as to the power of the
board to make and enforce two-cent
passenger fare In Kansas. AS the
same question is now pending in 9TH
er courts in which an early decision
is expected, and such decisions will be
rendered much earlier than it would
be possible to get decision in the
courts of Kansas. 1 deem it prudent
that the board take no action upon
the question of a two-cent fare In
Kansas until the question has been
fully examined and the decisions OF
the other states rendered upon the
question. However desirable a two
cent fare may be to the people. hasty
and inconsiderate action would delay,
even if it were the judgment of the
attorney that the board had power to
make and enforce such an order. In
other words, it is the part of wisdom
to await the early action of the courts
in the other states, that we may have
the benefit of their judgment on the
question The relation of the rail-
roads of this state to the question as
pending in the other courts is such
that they must of necessity resist any
orders in this state until a final de-
cision is reached In the other states.
But let prudence suggest whatever 1t
may, 1 have not yet had time along
with other urgent duties to ADVISE
the board as to its power to make and
a two-cent fare within the
state"