The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-05-16
Question Raised as to Con
stitutionality of Two
Cent Fare.
WILL KNOW SHORTLY
Supreme Court to Pass on Matter
Bingham's Opinion Holds
Out Doubt.
Especial to Lake County TImes.)

indianapolis, Ind, May 16.-An inter-
pretation given to the two-cent fare
law by Attorney General James Bing-
ham, taken with an intimation as TO
the ruling of the supreme court of the
state with reference to another law
would settle the two-cent fare law as
being unconstitutional, and the mem
bers of the state administration are in
more or less of a panic over the pros
poets.
Attorney General Bingham, in an
opinion given to the railroad commits
sion yesterday, held that the two-cent
fare law applied only to steam rail-
roads and not to the interurbans at ali;
in this conclusion he held that il was
not the intent of the legislature TO in
clude the interurbans In the two-cent
fare law, and also tha tthe interurbans
and the steam roads were so dissimilar
in their offices as to constitute different
classes of transportation companies.
Hence. he held that the law could not
apply to the interurbans. So much for
the decision of the attorney general.
1905 Law Unconstitutional.
The supreme court, within the past
few months. has given an intimation
passed by the general assembly OF 1905,
is unconstitutional. for the very reason
that 1t did not include the interurbans
within it's purview. This opinion was
hlnted at in a decision rendered in the
case Of the Romona Stone company. 1t
was not stated. in so many words that
this was the opinion of the court, but
the intimation was given very strong
that because of the omission of the
interurbans. the old railroad commits
sion act was special legislation. and as
such, unconstitutional.
SO far as the railroad commission is
concerned now, it will make no diff
ference what the courts say on this
point. The law of two years ago did
leave out the interurbans, but the
amended law of 1907 inserted them so
that these interurbans, as we'll as the
steam roads are amenab1e to the orders
of the commission. The 1907 law was
made to include the interurbans, for
the direct purpose of making the law
constitutional, the commission feeling,
after the intimation of the court, that
the contention Of the railroad lawyers
was sound, and that the court would
declare the 1906 act to be special legis-
| lation.
Say bingham Is Wrong.
But if the attorney generals ruling
| is to be accepted, a ruling by the su-
preme court that is to be expected al
most any time now will In effect knock
out the constitutionality of the two
cent fare law. The matter Is very
simple. It is expected that the court
will hold that the railroad commission
law of 1905, is unconstitutional, be-
cause the interurbans are eliminated
Every court intimation has been that
way, and a case will soon be decided
But the two-cent fare law, according
| to Attorney General Bingham, applies
| to the steam roads alone; hence, in &C
cordance the expected ruling Of the
court this law will be classed as be-
ing unconstitutional.
Members of the state administration
and some lawyers around the state
house, insist that the attorney general
is wrong in his Interpretation OF the
two-cent fare law. They insist that the
law applies to the interurbans as well
as the steam roads, and refer to the
fact that in the body of the act the
general term common carriers is re-
ferred to.
Charles V McAdams. one of the
members of the railroad commission
said today that it was his understand
ing that the bill that was passed was
to apply equally to the steam and the
electric roads alike.
That was the original idea sale
Commissioner McAdams. We had tha'
in mind in order to avoid any pos
sibility that the law might be de.
clared unconstitutional The commits
sioner would not discuss the attorney
generals opinion. nor would he give al
! opinion of his own.
, Other lawyers in the state house say
: that the attorney general is wrong. II
fact the administration as a whole ar,
lighting for the laws constitutionality
: hence declaring that the law includ e.
both the steam and the electric rail
roads. despite Bingham's opinion.