The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-04
TWO CENTS.
Board Orders Railroads to Put
in New Rate.
Given Until First of October to
Comply.
FIGHT TO THE LAST.
Attorneys FierceIy Resist the
Proposed Reduction.
Decide at Last Minute to In
trOduce No Evidence.
FIGHT TO THE LAST.

At o'clock this afternoon the board
of railroad commissioners ordered the
railroads to put in a fat 2-cent fare
rate on or before October 1.
Gardiner Lathrop, attorney for the
Santa Fe. said:
do not know whether the rail-
roads will obey the order. We have
not seen the order. When it is made,
ii will be submitted to the chief Off
cials of the various roads and they will
decide what to do. 1t is a matter
which know nothing whatever
about"
At 2:45 this afternoon. the attorneys
for the railroad companies, after
conference at the Santa F'e office build
ing. came before the board and filed a
formal exception to the overruling by
the board of the motion to dismiss.
The attorneys for the railroads noti-
fed the board that they had no evil
dence to introduce. The formal ex-
cepton to the boards ruling was read
by Gardiner Lathrop, attorney for the
Santa Fe. 1t is as follows:
The defendant railway companies
have in good faith challenged the auth
ority of the board to make any order
under the complaint filed by its attor-
ney. both because the legislature had
passed specific act upon the subject
of passenger rates, and also on the
ground that said complaint made no
allegation that the three cent rate
authorized by the legislature was un-
reasonable or unjust and no evidence
has been introduced by said attorney to
show said present rate to be unreason-
able or that the proposed emergency
rate would be reasonable. The attorney
of the board has expressly stated that
he did not claim that the present rate
was unreasonable or that the proposed
emergency rate would be reasona Bile,
but only that an emergency had arisen
under certain conditions existing in the
state of Nebraska. At the close of his
evidence motions to dismiss on the
grounds above stated were duly filed
by the defendant railway companies.
These motions have been overruled,
showing that in the judgment of the
board the question of the unreasonable
ness of the present rate, the rea--
sonableness of the proposed rate are
not involved in the SOcalled emergency
issue raised by the complaint. There
fore, the defendant railway companies
say that in view of the ruling of the
board upon said motion it would not
be germane to any issue raised by the
complaint, nor could it serve any use
iul purpose to consume further time by
Introducing evidence upon an issue
Which the board has said by its action
in overrulfng the motions had nothing
TO do with the case. They, therefore,
stand upon the order overruling said
motions to dismiss and respectfully ex-
cept to the action of the board in that
regard
This closes the case" said G. F.
Grattan. attorney for the board, when
ception. I'VE have no further argu-
ment to make"
The board at once retired to formu-
late its order. 1t was in conference
only five minutes.
''The board has considered the mat
ters presented to it, said Chairman
Kanavel. 'and has decided to issue an
order that the railroads put in a 3
cent passenger fare within 80 days
say the 1st of October. The formal
order will be drafted by the board"
Mr.. Grattan, addressing the attor-
Reys for the roads, asked that the at
the drafting of an order. I'VE want
to be absolutely fair" said Mr.. Grat-
tan.
Statement Is Made.
I'VE accept your offer in the same
spirit it was rendered" said Mr..
Lathrop.
This Mornings Hearing.
The hearing this morning COM
menced shortly after O'Clock. Gov |
ernor Hoch arrived in the room soon |
ing commenced, the lawyers for the /
railroads had a conference at which it |
was decided to file motions to dismiss |
the complaint. Bale Waggener, at |
torney for the Missouri Pacific. who |
was a prominent figure at Tuesdays
hearing, was absent today. and John !
Sebastian, the general passenger
agent of the Rock Island. who was |
present NeSl0TQdyr was eASO AAASSAlA6-
All of the other railroad representa-
tives were present.
Low Attacks Governor Hoch.
NJ. A. Low opened the debate at the
morning session. He said in part:
There is nothing at this time that
5ustifies action by this board. When
a complaint is filed that isn't justified
by the statutes, have you any author
ity to make an order. Mr.. Grattan
says he wants to put the railroads OUT
in the open. But If the railroads obey
a void order will that put the roads in
the open?
There are some people who have
the fatal gift of elOquence. When
they think they are thinking. they are
merely experiencing an emotion The
He likes we'll rounded sentences
When he says the time to act has ar
rived he doesn't mean it. He simply
is talking now as he did when he
urged the supreme court to sustain a
certain statute whether ii was con-
or not. 1 don't care to dis
cuss the rightfulness of the fiat 2-cent
rate That isn't an issue. The uues-
ton is will we put in a fat 2-cent rate
done so. If you make a passenger
rate unfairly low you impair your
power to reduce rates on grain or
some other commodity. 1t is rumored
that you are expecting to make
freight rates still lower. If you make
he messenger rate too low you can't
make reductions in freight rates.
H c. SIuss of Wichita, representing
the Frisco lines. then addressed the
board. He held that an order of the
board in regard TO 2-cent fares would
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