The Montgomery advertiser., 1907-06-18
PATTERSON ' GIVES RELIEF Great Railroad Cases in
 Missouri. ONE INJUNCTION SUSTAINED Operation of Maximum Rate Law
 is Restrained. Two-Cent Passenger Fare Measure Will Be Tries for Three Month.
 to Ascertain Its Work

McPherson had rendered his decision this afternoon the railways and the State agreed to statement of facts as | follows:
 l f"That the railways application for a temporary injunction as to the maxi mum freight laws of 1907 is sustained, and until further order of court here- In, the State officials are enjoined from attempting to recover any penalty or seeking to enforce that law AS to the cent rate act, the order heretofore entered by the court, en- joining the railways from obeying that l law, shall remain in effect until June lS, next, at a. m., at which time the rates fixed by said act shall be put and kept in force for three months without | prejudice to the rights of either party for the purpose of ascertaining more definitely the extent that experience | will show whether the rates under said act reduce or increase earnings Of | complainant"
 McPherson's Opinion.
 The decision was rendered in the case of the Wabash Railway vs. Gov ernor Folk, Herbert S. HadIey Attor- l ney General. and other State officials, and seventeen other like cases.
 Judge McPherson's decision follows:
 "The real question here is. has this I SOdAb JhIASuiCtkOn ONCT LHS pdBSeuRGT fare of 1907 of the Missouri Legislature declaring 1t unlawful to charge more than cents per mile or a lesser ques- ton is, whether the bills rendered for filing are supplemental bills to those | filed in this court in the eighteen cases two years ago and now pending
 What is the supplemental bill in equity, and wherein is the importance of defining? Whether this proceeding nhnnlA ha hx,n nrte b plemental bill is of small consequence. and in either case 1t Is discretionary with the judge to allow restraining order without notice untl 6 hearing can be had on notice as to a temporary in- junction. On Tuesday. the 11th inst, l the complainants gave notice of filinE these bills on Friday the I4th inst on Thursday they asked to file them Sole ly out of courtesy to the Attorney Gen. eral, who was not present, this was re- fused: but the court, on its own motion, issued the restraining order to keep the matter in statu quo. The time fixed for hearing the matter was again de- tained for a day at the request of the Attorney General. he unavoidably be- ing absent. During that delay. the bills were filed in the State courts. For this there Is no criticism.
 Courts Must Determine.
 That the fixing of rates by the leg islature is presumably correct, all con cede. That 1t is a legislative act all agree. that such rates must me reason ably remuneratfve can no longer be de- nied. The railways are entitled to cost anda a reasonable profit and no fair mind ed man will dispute it. How to arrive at the cost and reasonable profit Is a most difficult problem. But 1t must be ascertained and this entertainment can only be by jurisdictional proceeding and be determined only by the courts and ultimately by the Supreme Court of the United States. It can never be settled in a commercial case by ar resting the ticket agents or conduc- tors. The Supreme Court in the end must have the evidence with the right to make the ultimate findings of fact.
 There Is but one orderly and seem ly way, and that is in equity with the rights of an appeal to the Supreme Court as has been said by that court over and over again. The argument that the courts of state can decide as to the validity of the laws of the state as well as can the United States courts, will not be argued by any fed- eral judge, but will be conceded. That of Jurisdiction and this court has a joint Jurisdiction.
 That the states have the right to manage their own local affairs will ever be maintained. But it Is too late to talk about states dictating to the gov ernnent as to riding down it's course. This is a nation. Its commerce will not be interfered with by any state. because for that almost alone we adop- ted our constitution. The commerce clause will always be upheld and the rights of the citizen including corpo- rations will ever be protected in their just rights under the fourteenth amend national nd the Supreme Court will hold the scales of justice with the evidence before them. l do not know and, of course. do not state that the state legislature has wronged these railways. That is the case on it's merits But the rail- ways say they are being wronged and they must have hearing and heaR ing on the evidence and that evidence carried with the record to the Supreme Court.
 Much for Consideration.
 ''It must be remembered that in pas senger and freight carrying there Is much to be considered beside rates and fares Important as any, if not the
 most important. Is the equality of rates; the treatment and charging of all alike. No discriminations must be allowed Safety of the pubic, includ- ing passengers and employees, must be considered. And of as much import ance as any other question Is efficient service. Rapid and prompt delivery of freight must be had. Fast passen- ger trains with but few stops for pas sengers going a considerable distance is demanded. Local trains for local business is required. To have these reasonable eompensation must be paid So that these questions were Involved And in consequence. such business as is between St. Louis dSt.Joseph, Kansas City and St. Joseph, Kansas City and Joplin and perhaps other points where parts of the routes of some of the lines are out of the State. 8 grave question is presetned and no small question is involved whether parts of these stat utes are void that the matter cannot be separated and the belance of the statute remain in force because Con- gress, even as to those lines wholly within the State may or may not have control of such commerce when 1t directly interferes with commerce passing out of and back into the State I neither pass upon this question nor express an opinion thereto because