Los Angeles herald., 1907-06-18

Il
their Just rights under the fourteenth
amendment These are national ques-
tons and the supreme court will hold
the scales of Justice with the evidence
90 not state that the state legislature
mas Wronged these railroads. That Is
the case on its merits.
but the railroads may say they are
peing wronged and they must have a
hearing and hearing on the evidence
and the evidence carried with the re-
ora TO the supreme court. And IL upon
the evidence they are being compelled
TO transact business at a loss, no one
need but doubt that the supreme court
Will nullify the statute. II the rates
fixed are remunerative, the statutes
VIII be upheld.
1t is too late to talk about the al
legged wrongs of the supreme court de-
claring statutes void. That was fought
out hundred years ago. Down to 1883
the period covering the first period of
the supreme court that court had held
twenty United States statutes void.
During the same period that court de-
clared as void one hundred and eighty
one statutes, of which fourteen were
Missouri statutes. (See appendix to
Vol. 131, United States report.)
Equality of Rates
How many have since been declared
void ] have not taken time to ascer-
tain. And some of the statutes thus
declared void were railroad rate
statutes, enacted by the state of Kan
sas. 1t must be remembered that in
passenger and freight carrying there
is much to be considered besides rates
or fares.
Important as any, if not the most
important, is the equality of rates-the
treatment and charging of all alike.
No rebates, no Determinations must be
allowed. Safety of traffic and public,
including passengers and employees,
must be considered. And of as much
Importance as any other question is
efficient service Rapid and prompt
delivery of freight must be had. Fast
passenger trains with but few stops,
for passengers going a considerable
distance, are demanded Local trains
for local business are required.
To have these reasonable compensa-
tion must be paid. So that these ques-
tions are all involved. And in conse-
quence such business as Is between st.
Louis and st. Joseph, Kansas City and
st. Joseph, Kansas City and Joplin, and
perhaps other points where parts of
the routes of some lines are out of the
state, great question is presented and
no small question is covered, whether
parts of the statutes are void, that
the matter can be separated and the
balance of the statute remain in force
because congress, even as to those
lines wholly within the state. may or
may not have control of such COM
merce when 1t directly interferes with
commerce passing out of and back into
the state.
1 neither pass upon this question
nor express an opinion thereon, be-
cause while such questions have fire.
quently been discussed by the ablest OF
men, such questions have not yet been
decided. I simply mention it as a
great national question.
1t Is urged with much plausibflity
that because penalties are affixed to
the statutes OF 1907 the criminal
courts of the state only take jurisdic-
ton. I do not stop to review the vari-
Gus Missouri statutes upon the subject
of both passenger and freight rates. all
of which must be construed as in
part material. But it Is sufficient to
say that the inflfction OF penalties Is
not the only remedy.
The attorney general and railroad
commissioners still have, much to do
with the enforcement of these statutes
in part. In the original cases the ques-
tion is whether all the earnings in the
aggregate were remunerative. That
question Is still political under the
statutes of 1907. Whether these laws by
raising the freight rates and lowering
the passenger fares are remunerative
in the aggregate must be considered
by the court.
Orders VIII Stand
line BIaI6 Is I1OJ III GiLtCI d party
because the charge is that these Of
fcers are seeking to enforce void
statutes in more ways than by inf1ict-
ing penalties. The orders heretofore
made will stand until vacated or modi-
fed. The cases will be set down for
hearing as to whether temporary in
junction shall issue, and If issued
what shall be the scope? Shall they re-
strain the enforcement of the freight
rate statute? Shall they restrain the
nf he O-NQT1f
senger rate statute?
Tentatively subject to argument,
and subject to change Of opinion, II L
should hear the cases, my present view
is that the 2-cent passenger fare
statute should be put in force and kept
In force for some months at least, with
right of the railways later on to re-
new their motions to enjoin the en-
forcement of the statutes: One class
of people claim that with 2-cent
fare travel will so increase as to make
1t remunerative. Others deny this.
The Wisconsin commission but late
ly declared, after months OF investi-
cation, that in that state 2-cent fare
would be conflscatory, and Governor
Hughes, by a recent veto message, so
declared in the populous state of New
York. How is this question to be de-
termined? Is 1t not all speculation and
testimony of an ordinary business
man? And of what value will be the
testimony of railway experts?
Such are my present Views, hur-
riedly stated without time to place
them in the shape of formal opinion.
Nor would it be of substantial benefit
to any one to review the many au-
thorities. They are known to the pro-
fession and to the courts. But have
stated the law as I understand it
to be.
Later Judge Mcpherson entered an
,rder putting into effect the agree
nent of facts entered into between the
attorneys for the state and the rail-
ways as follows:
THAT the railways application for a
injunction as to the mini
mum laws of 1907 is sustained and until
urther order of court therein the state
officials are enjoined from attempting
o recover any penalty or seeking to
nforce that law as to the 2-cent rate
Lct. The order heretofore entered by
he court enjoining the railways from
,beying that law shall remain in ef-
'ect until June 10 next at 6 a. M, al
which time the rates fixed by said act
hall be put and kept in force for
hree months without prejudice to the
lights of either party for the purpose
# ascertaining more definitely the ex-
ent that experience will show that
he rates under said act reduce or in
,rease the earnings Of complainants.
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LANDS DELEGATES