The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-26
Believed That 1t Will Be Put
in Effect.
MIR. WAGGENER TALKS.
Says Trouble Will Be Settled
Without Delay.
An Emergency Rate Will Be
Put in Effect.

Senger fare Will nkely De put lIlto CA
feet by the railroads of Kansas some
time during the present week or that
the railroads will issue their instruc-
tions for the establishment of the new
rate at a very early date
A prominent railroad official having
headquarters in Topeka stated today
that the railroad companies would
have something of Importance to an
nounce before the end of the week.
and this is probably an intimation
that the 2-cent fare is imminent.
Balie P. Waggener, general attorney
for the Missouri Pacific. in an inter-
view Saturday said: Il think that the
2-cent fare controversy in Kansas will
be settled without a further fight. The
matter has been under consideration
for a couple of months. and I think
that an emergency 2-cent rate will be
put in until litigation in other states is
settled. 1 can say that the Missouri
Pacific is considering it, but of course
can not speak for the other roads"
Mr.. Waggener would not discuss the
matter further, except to say that
prophecy that Kansas would soon be
enjoying a 2-cent rate would not be
amiss.
Late Saturday afternoon, c. F.
Grattan, the attorney for the board of
railroad commissioners. filed his COM
plant with the board against the ex-
listing passenger rates The COM
plant is directed against the follow
ing railrOads-al there are in Kan
saS:
Atchison, Topeka & Santa Fe; Bur-
lington & Missouri River; Chicago,
Rock Island & Pacific; Kansas City,
Mexico & Orient; Kansas Southwest
ern; LeavenwOrth, Kansas & Western;
Leavenworth & Topeka; Missouri
Kansas & Texas: Missouri Pacific; st.
Joseph & Grand Island; St. Louis &
San Francisco; Union Pacific
The proposition submitted by Mr..
Grattan is briefly that this board order
the railroads to install an emergency
2-cent rate, pending the settlement of
the 2-cent fare controversy in Ne
braska and other states. and that this
emergency rate remain in effect here
as long as it does in neighboring states
Mr.. Grattan's Complaint.
The complaint filed with the state
board of railroad commissioners by
Mr. Gra ttan reads in part az follows: I
THE plaintiff alleges as to the de-
PENDANTS and shows to the board of
railroad commissioners of the state of
Kansas that the amount of the pas
senger traffic, and the cost of trans
portation and the density of popula-
ton, and the general topography of
the state of Nebraska as to the cost of
construction and operation of rail-
road is approximately the same in the
state of Nebraska and in the state of
Kansas: and that in the state of Ne
braSka an emergency was 0ecldreQ Dy
the state of Nebraska without regard
TO the reasOna bleness of the rate; and
that rate of cents per mile for the
trans pOrtatiOn of passengers be at
once. from the passage of the law,
in force in the state of Nebraska. And
that the railroads of the state of Ne
braska are litigating with the state in
the courts of Nebraska as to the rea-
sonableness of the rate declared by
the legislature of the state of Ne
braska and in force by reason of the
emergency declared. And the plaintiff
does allege as to the defendants and
shows to the said board that the same
conditions prevailing in the state or
Nebraska then and now likewise pre-
vail and exist in the state of Kansas,
and that the board of railroad COM
missioners of the state of Kansas
should declare an emergency to exist
in the state of Kansas and Imperative
" order and put into force a fiat rate
of cents per mile, or a passenger
rate not exceeding cents per mile.
for the transportation OF passengers
within the state of Kansas, and that
said emergency rate within the state
of Kansas should be and remain in
force until the railroads of the state
of Nebraska shall have obtained
Judgment in the state of Nebraska
that the emergency rate in Nebraska
is an unreasonable rate. And if the
railroads of Nebraska shall not so OBJ
tain Judgment in the state of Ne
braska declaring said emergency rate
an unreasonable or unjust rate, then
the emergency rate in the state OF
Kansas shall become permanent
passenger rate within the state of
Kansas.
THAT the state of Kansas in making
said emergency rate does hereby re- |
serve the right at any time by itself or
by any other person under the law to |
make complaint as to the unreasonable |
ness of any charge, rate or price, !
charged by any railroad for the trans |
porting of passengers within the state of /
kansas. and the question of the reason
ableness or unreasona bleness of any |
passenger rate, fare or charge within |
the state of Kansas be in the order re- |
served and that the state be not preju- !
diced by reason of this complaint and |
any order made Hereunder
THAT the board of railroad commits
aioners of the state of Kansas should |
declare that said emergency does now
exist and should make and declare an
emergency rate. and should order a fla
2-cent rate, or passenger rate not ex-
ceedins cents per mile, to be in force |
within the state of Kansas and that
the order be made Imperative as against |
the defendants and all railroads within
the state, and that said order be effec- |
tive at az early date as the emergency
declared warrants
.syVherefore, The state of Kansas on |
the relation of the attorney for the |
board of railway commissioners of the |
state of Kansas prays that proper notice |
he given to each of the defendants, and |
that the board shall investigate the COM
pIaint herein made. and after an exam
ination and hearing that the board shall
declare that an emergency exists within
fhe state of Kansas and that it shall
declare and make an emergency rate of