The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-04-29
MCPHERSON STANDS
BY FIRST DECISION
Supplementary Opinion Filed in
Case Involving Eighteen Rail
roads in Missouri.

KANSAS CITY, April 2S.-A supple
mentarv decision in the rates case, IN
volving the eighteen Missouri railroad
companies operating in Missouri, was
fled in the federal court here today
by Judge Smith Mcpherson of Red
Oak, Is.
Judge Mcpherson declines to reccde
from his first opinion, rendered March
s last, either III the matter of the dl-
vision of the costs of the proceedings
OF the change in his original holding,
that the court cannot fix rates. In CT
feet. the decision means that the ran
wavs and the state must each pas one
half of the costs. which aggregate
$4,000. and that the court refuses the
railways petition which asked II To
specifically state what passenger rates
hey should charge
As TO the contention that the court
was III error IN its original opinion IN
der them void. Judge Mcpherson now
holds that this section of the state
statutes imposing penalties is void
The Rate Question.
On the point of fixing the rates
Judge Mcpherson says in part:
SfComplaint is made because of the
recital in nv opinion that > II being
legislative act and not Il judicial ono
this court cannot FIX rates, II ii could.
two and one-haif cent passenger rates
would he fixed for the stronger roads
and three for the others. But that is
for the legislature acting itself with
experts, such as the state employed IN
these cases. or through commission
with like assistants.
&" NV statement that il being q lcgls-
lstlve act and not a judicial one, this
court cannot fix rates, is not controvcrt
ed by anyone This being 50 as of
course. what | said as above is obittcr
dictum. But because it is dictum, Is
no reason whatever for not saving II,
and still less II reason for not climin-
aJinp il from my opinion. | believed
it proper TO say that the strong roads
should have two and a half cents per
passenger mile and that weaker, three
cents.
"I still adhere to those views aud
entertain them ! know Of no reason
for not stating them, with reason for
believing il was my duty to state them.
Passengers. like consumers, have rights.
What Is Reasonable Rate,
Zone of these rights is TO have fares
fixed reasonably low. But the term
reasonable is q comparative one. 1t
must be in proportion to what it is
worth, and the better the service the
moro il is worth. And the public is en-
titled to have. with the right TO de-
nand, efficient service. provided always
such is paid for. Much in argument
was said by counsel on both sides as
If an arbitrary flat rate is all that is
involved, regardless of service and re-
gardless Of all other things. Whether
he trains are expensive or inexpensive,
daylight or night trains, through or To-
al trains, main line or branch trains,
roads through the hills of central Mis-
souri,, or the Ozarks. or over the
prairies aud whether the trains carry
few OF many passengers, are matters
largely passed over as If of no Impor-
lance. To me they seem of great i'm
portance. So it is as TO the greatly in
creased cost Of materials compared with
len years ago. The average fare paid
per year, aside from the low excursion
rates. is less than SIX dollars per year,
commercial travellers excepted. To re-
duce that to four dollars, thereby saw
ng two dollars, is of course important.
So are other matters of Importance.
Aside from having efficient service to
be had at remuneratlVc rates. the Ia
boring men. the employees. have rights.
They have the right to be we'll paid
for their work in daytime and night
line, sunshine or storm, during the eX-
ccssive heat Of the summer and the
rigors of winter. Their hazardous and
most dangerous service entities them to
.emunerative compensation which they
caunot have with meager earnings Of
the roads. Evidences Of humanity and
kindly feeling for their fellow men
need not be wholly displayed toward
he man who pays six dollars per year
FOR passenger fares A kindly dispo-
sition would suggest an equitable divi-
sion Of sympathy. Thousands and thon-
sands of them have already been let
,ut' because of decreased earnings, and
more are to follow. with diminished
compensation for those from necessity
retained, What is the truthful answer
10 make these men, and who is to make
this answer 1t is doubtful if the leg
stature thought this out, ! decline 10
modify my 6pinIon rs respects this
New Road Planned