The Montgomery advertiser., 1909-03-15
aaIssoURr,s LESSON.


 Missouri, like Alabama, has had its fill of the agitator and the railroad batter. Judge McPherson, of the Unit ed States Court. has declared the hasti- ly drawn and iIl-digested railroad laws confiscatory and unconstitutional.
 In Missouri the principal fight was on the proposition to make all pas- senser rates fat at two cents a mile. This Is the case that has been in court. Some of the roads could have sur vived, but the weaker roads of the State would have lost money. if they were only permitted to charge two cents a mile. If. in fact. c two cents rate had been losing proposition on only one road of the State, they would have been unconstitutional. because such a rate would have been confis- catory.
 The two cent rate was in actual op- eration in Missouri for nearly two years. The loud mouthed advocates of the rate. pictured as did their fellows in Alabama. the greatly increased pas senger traffic that would result from the low rate. But theory is one thing and practice is another. The agita- tors failed to take into account that increased traffic would be more than offset by an increased expense. And for short while the passenger rate on the Missouri roads did show and actual increase. But it quickly fell back and in two years the increase amounted to only one per cent. This. 1t was shown. was simply a natural increase due to the growth of the country. Eighteen roads, after trying the passenger rate, attacked it in the court and Judge Mo- Pherson, after ascertaining that 1t did not pay a fair return on the invest ment. declared the law confiscatory, and therefore unconstitutional.
 In Alabama the passenger rates were Rot the chief point of attack. An at- tempt was made to pass a two cent passenger fare through the Legislature and it met with hearty approval. from perhaps a majority of the members of the two houses. but the powers that were, aimed not so much at passenger rates as they did freight rates. Lead ing shipper politicians who had been behind the campaign of agitation were not after reduction of passenger rates. so much as for lower freight rates. So a two and half cent rate was adopted and the knife was put to freight rate.
 Judge Jones, like Judge McPherson, held after a judicial determination and investigation of the charges that the freight and passenger rates were con- fiscatory should be held. The State appealed the cases but the acts which had been attacked were suspended be- cause of their coniscatory nature.
 Except for the protection of the courts the railroads are at the mercy of the Legislature. If the courts did not interfere the Legislature would do what 1t pleases with the railroads. The average Legislature is composed of men who are unfamiliar with the intri- cate questions affecting the conduct of railroad. It does not know what is and what is not profitable. They for get the patent fact that the State which wishes to progress materially must treat railroads as well as other interests fairly and justly. The most effective policy of suicide that State could adopt would be to pass laws which would cut down and wipe out the profits of railroads and other in- dustriai enterprises.
 Alabama has learned it's lesson. So has Missouri. The sun of the agitator and the railroad batter has set.