The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-08
EXPECT BIG FIGHT
Freight Rate Controversy II
Federal Court.
Aansas Hopes for Favorable De.
cisi0n, Says Mr.. Grattan.
ON HUNT FOR EVIDENCE
State Has Much Collected and
Wants More.
Hearing Will Be Held on
May IA.
ON HUNT FOR EVIDENCE

y. r. Grattan, attorney for the state
rairoad commission, has returned
from Washington where he appeared
oeiore the interstate commerce COM
mission on behalf Of Kansas ana
argued for better freight rates from ths
Cuff OF Mexico ports to Kansas points
on shipments Of dry goods from .tbs
eastern markets. The commissions ala
not indicate when it would render -.
decision. but the Kansas petitioners
are very hopeful Of favorable decis-
ion.
we are expecting big hight in thu
federal court over the Kansas freixht
rate schedule" said Mr.. Grattan thIa
morning. The policy of the railroads
Will be the policy Of man accused OF
crime; to plead not guilty, ana rnaka
us prove everything Nothing VIII b
admitted by the railroads. Their tfe-
ory is that whenever they admit any
thing, 1t gives the public a chance to
demand more.
The 2-cent fare matter win not ba.
involved in this case except indirertfv-
The railroads Of course contend that
the reduction in the passenger fare
must be made up by a proportfonafs
increase in freight rates. but II is mv
Judgment that the court will say that
the railroads voluntarily put in the q
cent fare, and that having done SO VOL
UNFAIRLY, 1t Is not a factor in the freight
rate case
THE state has already collected =
large amount OF evidence in its behalf.
and 1t expects to take a lot more be-
fore the hearing on May H. We will Of
course find 1t difficult to obtain the
testimony OF freight rate experts. be-
cause these experts are in the employ
of other people, and their testimony
will naturally be favorable to the 9TH
er side. Those freight rate experts who
are not in the employ Of railroads are
largely in the empty of municipaiities
which are competitors for Kansas
trade, and they don't want Kansas
freight rate reduced to the benefit of
Kansas Jobbing houses.
"Of course the railroads will have
figures from their freight departuents
to prove that they are being crippled
by reduced earnings, and would be still
further crippled by the reduction in
freight rates. The railroads will set
forth that the reduction Of one cent in
the passenger rate means a loss of a
third in passenger earnings, but we
contend that the increased traffic and
elimination of free transportation has
more than Offset this loss
II do not consider that the decision
Of the supreme court Of the United
States in the Minnesota and North
Carolina cases has any effect whatever
on the Kansas situation. We do not
impose any excessive penalties, and We
impose no penalty at all until the case
has been submitted to the courts and
fully adjudicated. In regard to the
habeas corpus ruling, 1t has seemed to
me that this would be the decision OF
the court. in view Of former decisions;
It Is the established policy OF
the government. The constftu--
ton insures to every man cer-
tain rights, and no state can inter-
fere with those rights. When there 10
a constitutional question involved, the
federal courts are supreme. However.
1 believe that eventually, the dissent
ing opinion of Justice Harlan will be
the prevailing law Of the land. I don't
know Just how that will come about. It
may be by reversal OF policy by the
supreme court, or it may be some other
way" ,