The Birmingham age-herald., 1907-06-18
MISSOURI 2 CENT
 FARE IN EFFECT
Begins Tomorrow for Three
 Practical Months Test
TEEN f*35 GAN KICK.
Recourse If Found unreriunerative. Judge McPherson of ths United States Court Hands Down
 an Opinion.

Kansas City Mo-. June f.-The Mis- souri two-cent passenger fare act will go into effect at a. m. Wednesday next, sand be given a three months trial. If at the end of that time 1t is found to be unremunerative it's dscontinuance can then be brought into the courts by the railroads.
 The state officials are temporarily en- joined from enforcing the maximum freight rate law and this case will be argued later in the federal court.
 Judge Smith McPherson In the United States district court here this afternoon after handing down an opinion maintain ing the courts jurisdiction in the prem ises, ordered the promulgation of the above stated facts which had been agreed to by the attorneys for the state and the eighteen Missouri railroads involved The court in it's decision has suggested that the two cent fare should first be given a practical trial before injunction pro- ceedngs preventing it's enforcement be considered.
 Attorney General Hadley said this aft ernoon regarding the two cent bill:
 II al the end or three HlDnlllS tiit lcli- roads want to litigate the reasonableness of these rates the question of the juris- diction of the state and federal courts to determine the question will be fought out an,. the state has lost none of it's rights and advantages.
 The injunction suits that have brought against the railroad companies on the passenger rates in the state courts will stand. feel that the order made nd al for the state"
 Judgc's Decision.
 Judge McPherson's decision follows;
 '"rhc real question here Is, has this court Jurisdiction over the passenger fare law of 1907 of Missouri declaring 1t un- lawful to charge more than ? cents per mile? A lesser question Is whether the bills rendered for filing are supplemental bills to those filed In this court in eighteen cases two years ago and now pending before Mir. Scoheld the master.
 What is the supplemental bill in equity and wherein Is the importance of defin- ing, Whether this proceeding should be by original bill or by supplemental bill Is of small consequence. And in either case it is discretionary with the judge to allow restraining order without mo- tice until a hearing can be had on notice as to temporary injunction. On the 1lth instant the compliments gave notlce Ol filing these bills on Friday. the 18th instant On Thursday they asked to file them. Solely out of courtesy to the at torney general who was not present, this was refused, but the court on it's own motion issued the restraining order to- keen the matter in statu quo. At the time fixed for the hearing the matter was again detained for a day at the request of the attorney general. he unavoidably being absent. During that delay the bills were filed in the state courts. For this there is no criticism.
 Reasonably Remunerative.
 That the fixing of rates by the ligs- lature is presumptively correct, all con cede: that 1t is a legislative act. all agree. But that such rates must be meas urably remunerative, cannot no longer be discussed.
 .The railways are entitled to cost ani a reasonable profit. and no fair minded man will dispute it. Ho wto arrive at the cost and reasonable profit is a most difficultp roblem. But 1t must be ascer- tained and this ascertainment can only be by judicial proceedings, and to be deter mined only by the courts and ultimately by the supreme court of the United States It can never be settled in a commercial case in arresting ticket agents ar conductors. The supreme court in