The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-05-21

i II they continued to defy the law
These suits were regarded as a bluf
on the part of the railroads.
r Giving the Law a Test Trial.
The attorney general at once turned
his attention to the Federal injunc
ton, and, after sparring several days
for points before Judge Mcpherson
the latter made this unique empirical
suggestion to the railroads. that they
give the rates trial of several months
at least to see if it was confiscatory
as claimed by them. The railroads re
luctantly consented and the public has
paid two cents a mile ever since the
summer of 1907. The railroads,
through their joint attorney, Frank
Hagerman, of Kansas City, had no
mind to abandon their injunction pro-
ceedings, and after some months had
elapsed they applied to Judge Nc
Pherson to make the injunction per-
| manent Then followed a long siege
between the lawyers, experts and non.
experts and it was not until early last
January that the pleadings ended, the
last speech for the state being deliv-
cred by Governor Hadley, who, two
weeks prior thereto, had been inaugu-
rated governor.
Judge Holds Two-cent Fare Confisca-
tory.
Last March, Judge Mcpherson filed
a long opinion in the case, in which
he held that for the most of the roads
any fare below two and one-half cents
per mile would be confiscatory, while
for others any fare below three cents
would be confiscatory. This latter
ruling applied to the smaller lines
running through improbable passen-
ger territory. Then followed many
conferences, one of which was held |
here between the large railroad Off |
cials, the governor, attorney general |
and members of the legislature. Moth
ing came of this.
The governor insisted that anything |
above two and one-fourth cents per
mile would be exorbitant, save on
some of the smaller roads, where he
thought two and one-half cents would
be reasonable. The railroads wanted
to return to the old basis, but they
could not agree among themselves.
Judge McPherson's opinion stood be-
tween the large lines and three-cent
fare. Then further conferences were
held Finally the Chicago & Alton
hat they would put into effect two
md one-half cent rate with a ten per
cent reduction on round trips, but the
other sixteen lines would not consent
% this, evidently being dictated to by
he Missouri Pacific and the Wabash.
State Court Asked for an Injunction.
Between some of these numerous
conferences, Governor Hadley conclud-
I'd to get busy, so late one evening he
'aused to be filed in the circuit court
If st. Louis a petition asking for an
Injunction against all the railroads ,
ave the Burlington and the Chicago
md Alton, to restrain them from put !
ing into effect the old passenger fare ,
chedule or any other rate above two ,
nd one-half cents. The governor pre- ,
jared this petition himself and sent ,
lis private secretary, Rush c. Lake, t
nd his insurance superintendent, John 6
Nennish, to st. Louis to submit the 7
anne to Circuit Attorney Sebert |
ones and ask that it be filed. And f
o the petition was filed, with these G
hree men appearing as representa- Y
ives of the state. This took the rail. g
Dads by surprise, but Frank Hager- d
IAN was not long inactive, for he ap- T
lied to Judge Phillips for an injunc- t
on prohibiting the attorneys named G.
nd the attorney general named from
rosecuting this action in the st. Louis -
ourt, citing Judge McPherson's rul- !.
lg, and claiming that in prosecuting :,
lis suit the representatives of the :.
tate were in contempt of the Federal :,
Ourt. :,
hen the Railroads Fled to the Fed. =
eral Court.
Judge Phillips granted the injunction t
and gave out a yelled f
arning that something would happen Il
representatives of the state persist r
/ in trifling with the rulings of the o
ederal court. This made a sharp G
sue between the governor and the Fl
ederal courts. AS chief executive n
e could not be hauled into court for n
but not so with those who n
led the suit in the st. Louis court n
lore conferences followed and Gov q