Los Angeles herald., 1907-06-18
JUDGE UPHOLDs
FEDERAL POWER
OVER RAILROADS
Missouri Court Rules
on Big Case
Announces That He Has Jurisdiction
In Question Of Freight and Pas
senser Laws in Mis-
souri
Bv Associated Press.

today, handed down an opinion grow
ing out of the conflict between the cir
cult court at Kansas City and 81
Louis, and the federal court here owe
the enforcement of the Missouri 2-cen
and freight rate law.
Judge Mcpherson retains and main
tains jurisdiction to adjudicate tn
of the freight and passenge
laws of Missouri, including the amen
datory freight law Of 1907.
Judge Mcpherson said that his pres
ent view is that the 2-cent law shoul
be put in force until 1t can be ascer
tanned by actual experience whethe
3 cents will be remunerative. The de
cision was rendered in the case of TIL
Wabash railroad against Herbert S
attorney general, and othe
state officials and seventeen other lik
cases.
Renders Decision
Judge McPhersons decision follows
The real question here is, Has this
court Jurisdiction over the passenger
fare law of 1907 of the Missouri legis-
lature declaring it unlawful to charge
more than cents mile, and a lesser
question is whether the bills rendered
for filing are supplemental bills to
those filed in this court in the eighteen
kG@1C9
before Mr.. Schoield, the master?
What Is the supplemental bill in
equity? And wherein is the impor-
tance of defining? Usually it is where
rights of the parties which must be
carried forward by a supplemental bill.
One hundred and more years ago
judges who had but little to do except
to play the role of mental acrobats and
seek to refine or distinguish and to
display an affected learning and to dis
cuss most gravely the difficulty be-
twixt the west and the northwest side
of hair, most deliberately set forth
their views as to original bills and
amended bills, and supplemental bills,
and bills of review, and bills in the
nature of bills of review.
The result was that a chancery case
lasted for many years. More than fifty
nized the folly of much of this and by
q code of rules adopted the system of
fact pleading and left the old chanoery
practice in force only when the rules
adopted did not meet the situation that
might arise. and by rule 81 defined
supplemental bill. But that Is not I'M
portant In my judgment. Whether this
proceeding shall be by original bill or
by supplemental bill is of small con-
sequence.
II by original bill the railways had
the right to file the same without no.
tce; II by supplemental bill the usual
practice Is to require notice, and In
other cases It is discretionary with the
Judge to allow restraining order
without notice until hearing can, be
had on notice as to temporary juno
ton.
Tuesday, June II, the complainants
gave notice of filing these bills. on Fri
day, the 14th. Thursday they asked to
file them. Solely out OF courtesy to the
attorney general, who was not present,
this was refused. but the court on its
3wn motion issued the restraining or
der to keep the matter in statu quo.
At the time fixed for the hearing the
matter was again delayed for a day at
he request of the attorney general, he
unavoidably being absent.
During the delay the. bills were filed
In the state court. have stated the
facts and the statement of facts above
that these cases as to the laws of 1897
were pending and had been pending
since Tuesday, the 11th instant. And
of that date. And whether defective
as original bills is not material, be-
cause such defects can be corrected on
demurrer before answer, as matter
OF course.
Must Go Higher
Nor is it material whether filed in
the original case or separately dock
eted. II separately docketed 1t will at
once for trial purposes be consolidated
Win the Olu cases, pursuant W ScCllOli
921 of the revised statutes. If the con-
tention of the counsel for the state be
technically correct Ii is without sub
stantial merit as to the rights of the
parties to the question that the fixing
Of rates by the legislature is presump-
lively correct all, conceed. That 1t is
legislative act all agree: But that such
rates must be reasonably remunerative
cannot longer be discussed.
The railways are entitled to cost
Ia nd M fof
minded man disputes it. How to ar
rive at the cost and reasonable profit
Is most difficult problem. But 1T
must be ascertained, and this ascer-
tainment can only be by Judicial pro-
ceedings and to be determined only by
the courts and ultimately by the SUI
preme court of the United States.
No skill In the use of words or
phrasing can take that from the courts
to the town meeting. 1t cannot be
by invective. 1t can never be settled
in criminal case by arresting the con-
Quoting agents or conductors. The su-
preme court in the end must have the
evidence with the right to make the
ultimate findings of fact No local
tribunal, federal or state, can foreclose
the fact as would be done IL the case
goes to the supreme court on writ of
error to the state courts, and there is
no method Of review but by writ of
error.
There is but only one orderly and
seemly way, and that is in equity, with
the right of appeal to the supreme
court, as has been said by that court
over and over again. The argument
that the courts of the state can de-
eide as to the validity of the laws of
the state as well as can those of the
United States will not be argued by
any federal judge but will be conceded.
Those courts are as high minded and
as learned as are the federal courts
but that is not the question. 1t is a
question of jurisdiction. And this court
has jurisdiction and will maintain It's
jurisdiction
Nor is this to the prejudice of any
one. AS / listened to the argument
Saturday was carried back to the
days Of 1S0l-9. recalled the judicial
vania. recalled the case of Luther
against Boyden. growing out of the
Dorr rebellion. / recellad the bitter
ness of half century ago between
Iowa and Missouri over the state line
recalled the recent lives of Thomas
Benton and Gouverneur Morris by a
distinguished author who states that at
one. time or another every one of the
original thirteen states has tried in
some form or other to destroy this
government; and / recalled that in
1876 that the United States courts
have in a dignified way settled the
disputes and law-abiding people ac-
Quiesced and the lawless element was
compelled to submit
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 debating to the
government or to riding down its
courts.
This is nation, It's commerce will