The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-05
FRON OTHER PENS
NATIONALIZING TRAFFIC.

The recent refusal of the federal cir
cult court Of appeals, to order the issue
Of the writ of Injunction asked for by
the railroads to prevent the Nebraska
state commission from taking up the
matter Of grain rate reduction in
wolves a point Of great Importance,
which has thus far escaped public at
tention. The court refused the writ
for the reason that the action was pre-
mature1y brought. In that case the
attorneys for the railroads has set up
the claim that all grain rates between
intrastate points are, as a matter OF
fact, but proportional parts of the
through rates, and that any attempt
to fix maximum schedule of intra-
state rates necessarily affected all
through rates, and would, therefore,
state commerce quite beyond the auth
GRITTY Of the state.
The limitless possibilities Of the rail-
road argument is made apparent when
between local rates that are proper
tional parts Of other rates and local
rates that stand by themselves. Sue
cessful establishment of the conten-
ton that grain rates are on this &C
count immune from regulation by the
state railway commission would be
quickly followed up by evidence to
show that a large part of the railroad
rates for other articles transported are
similarly proportional parts of through
rates, and the extent of state jurisdic-
ton in matters Of rate regulation would
be immensely contracted. If not wholly
eliminated. 1t is conceivably possible
that the tariff sheets could be COM
pletely reconstructed SO that every To-
cal rate would be a proportional part
of through rate and the authority OF
the state thus completely wiped out
and all regulation Of traffic national
lied as effectively as it could be by
specific amendment of the constitu-
tion.-Omaha Bee.
'ALLURING NUISANCES."
The $4,000 verdict awarded to
Fanny Friedman against Snare &
Trieste in the United States circuit
court sitting in Trenton, N. J.. for in
juries received while playing on pile
of iron Orders, demonstrates the
length to which some tribunals go IN
favorfng children. It was conceded
that the injured girl was a rrespasser
and had no right to interfere with the
Orders. Had she been an adult she
could not have recovered. But the
United States supreme court In the
pioneer case Of Stout VS.. Sioux City Ry.
made a special exception where the
thing causing the damage is of such
| a character as to be attractive to the
child, appealing to his childish cur
| iosity and instincts There it was
| left to the jury to decide wnetner a
| turntable was a dangerous machine
and the company had reason to antici-
pate that children would be likely to
resort to it. Their decision that 1t was
| an 'alluring nuisance" was affirmed.
| This doctrine of "alluring nuisance
! has proved decidedly attractive. Thus
| reservoirs, machinery. lumber and In
the Friedman case pile of iron grid
ers have been held to constitute i'm
piled invitations to children. In gen.
| eral the state courts, however, nave
| awakened to the fact thsN there is
nothing which the average small boy
is not prepared to convert into a play
thing. In Michigan it was pointed
out that to follow the Stout case would
| require that every owner OF a wheel
barrow, a lawn mower, pillow or a
ladder kept it at his peril. In fact
no one would have right to erect a
fence, in view OF the natural propensi-
! ties of boys to climb. California has
baked at street car, Missouri at an
abandoned quarry.and Georgia at an
| unlocked house. New York and many
others, seeing what the doctrine was
likely to lead to, have struck at its
root by rejecting even turntables. But
the United States courts have adhered
e their original opinions.-New York