The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-03
IN BATTLE ARRAY
Railroads Appear in Force Be-
fore Railroad Board.
Contest the Issuance of Two
Cent Fare Order.
ALL MAKE ANSWER.
Claim Nebraska and Kansas
Situation Not Alike.
Board Asked Not to Predjudge
the Case.
ALL MAKE ANSWER.

state board of railroad commissioners
assembled to hear the formal COM
plaint filed by G.. F. Grattan. attorney
for the board, asking for the issuance
of 2-cent fare order. About fifty
people. most of them attorneys. were
present.
The hearing was to have been held
at 10 o'clock this morning, but Gardi-
ner Lathrop of Chicago. the general
attorney for the Santa Fe system, had
not arrived. and the railroads asked
Cor continuance until afternoon. 1t
was granted. Mr.. Lathrop and w. ].
Black. general traffic manager, ar
rived at noon.
1t is understood that the Santa Fe
is the road which is offering the most
serious opposition to the 2-cent fare
proposition. The other roads are
willing to put it into operation in
Kansas as an emergency measure.
without further delay. 1t is expected
that the board will issue the 2-cent
fare order. and that it will be obeyed.
The Unicn Pacific was represented
at the hearing by N. H. Loomis. gem
eral attorney for Kansas: f. c.. Dill
lard. commerce attorney for the Har-
riman lines with headquarters in Chi
cago, and W. H. Bassinger. assistant
general passenger agent; the Rock
Island by NJ. A. Low and Paul Walk |
er; the Missouri Pacific by B. P. Wag-
gener of Atchison and ]. H Richards
of Fort Scott: the Frisco by Henry c. |
Sluss of Wichita; the NJ. K. T. by |
John Madden and J. H. Fenwick- |
Many of the other traffic officials of
various railroads were present.
All of the members of the board of
railroad commissioners were present |
to hear the case
Frisco First to Answer.
The first answer to be filed was that |
of the Frisco. which Judge Henry c. |
Sluss of Wichita presented to the |
board in the forenoon. 1t was merely |
a general denial of the allegations in |
the complaint of the boards attorney. |
The answer filed by the Union Pa
cific denies that the conditions prevail
ing in Nebraska are similar to those
in Kansas. 1t denies that any emer-
gency exists in the state of Kansas
which warrants the establishment of
the 2-cent rate The sixth section of
the answer says:
"And further answering this defend
ant says that the legislature of the
state after a long and careful consid-
Grafton of various bills to establish a
2-cent passenger fare, finally enacted
a law leaving the general pass enger
fare in Kansas at cents mile, but I
requiring the railway companies to sell /
500 mile tickets at cents per mile,
good on the railroad issuing the same.
a 1000 mile ticket Gnterchangeabl ble)
good upon any railroad in the state OF
Kansas, giving the railroads of the
state to understand by its action and
by the action of its representatives in
the legislature. and by the action OF
it's representatives in the executive de-
partmenu of the state that such rates
should remain effective for a reason
able length of time and that If the |
railroads of the state would accept the
provision of the statute without con-
test that they would not be called upon
to change or alter their rates of pas
senger fares for a reasonable length
of time"
roads are making special rates which
are not offered to the people of Ne
braska. 1t is claimed that the pro-
posed action is conf1scatory. and II IN
stituted will compel a reduction IN
The answer of the Santa Fe is similar
to that of the Union Pacific.
The Missouri Pacific filed a general
denial.
Mr.. Grattan Opens Case.
The case was opened by G. F. Grat-
ton attorney for the board, who stated
the grounds upon which the two-cent
fare order is asked. I'VE ask he SAID,
that the carriers here occupy like
occupy to the people in other states.
we assume for the time being that the
two-cent fare is reasonable.
Upon what section of the law said
B. P Waggener, do you base this COM
plaint?"
ION the general provision of the law"
said Mr.. Grattan- Il do not raise the
question of reasona bleness of rates be-
cause 1 don't want to drag you into the ]
courts 1 want to keep you out OF the '
courts"
Mr.. Iathrop Speaks for Railroads
Gardiner Lathrop. the head of the
Santa Fe's legal department, opened
the argument on behalf of the rail-
roads.
Mr.. Lathrop urged the board to con-
slider the questions fairly and not to
prejudge the case. THE railroads want
to present a respectful but emphatic
protest against the proposed order The
Santa Fe railroad is a child of the state
and ii merits your kindest considera- {
ton. Many of its branch lines are not {
payirg expenses. 1t is annually ex-
pending large sums in the betterment of
its property. 1t therefore deserves well
of the public officials of this state"
Charges 1t to Politics. -
mo one thinks that Gov. Hughes v
Injured himself in his state or the e
nation when he vetoed the 2-cent fare @
bill And vet you are asked by your 2
attorney to put in a 2-cent fare rate n
becarse a sister state has done So s
without regard to reasona bleness, h
without regard to justice. 1 little p
know the people of Kansas If they c
would not applaud any action which \
would prevent any interest from be-
ing cut down and injured without rea-
sonable Investigation and considera-
tion e
"Rumors have reached the city of +
that the present situation is b
a battle of politics.; that it is an ef- n
- l.