The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1909-01-15

were again instituted in the federal court
by the railroad companies to enjoin the
enforcement of these laws. upon the
ground that they were confiscatory. Blu
upon a hearing, the United States circuit
court refused to enjoin the enforcement
of the 2-cent passenger rate law. for the
reason that its reasonablnss could only
be determined by the test of actual eXpe-
rience. The evidence bearing upon the
constitutionality of these two laws has
now been heard in all of these cases and
they are ready to be submitted to the
court for final argument. The condition
OF this litigation makes it improper that
l should further discuss or comment
upon the facts developed therein.
Commission Favored.
l think 1 can fairly say, however, with
out reference to the merits of these par
ticular cases, that l have become con-
WINGED, and / think all who have given
any thought and study to this question
are convinced, that the regulation of the
business of public service corporations
can be most satisfactorily and success
fully accomplished by a commission COM
posed of men trained and experienced
by study and investigation and qualified
by natural ability for such work.
Giving of Passes Opposed.
The constitution of 1875 porhibited rail-
road companies from issuing, and public
| officials from receiving, free transporta-
ton. The general assembly Of 1887
passed laws with suitable penalties for
the purpose of carrying into effect this
| constitutional provision. Both of these
provisions We're for years, however, more
honored in the breach than in the OBJ
servance. And the prohibition against
railroads giving or public officials receiv-
ing free transportation was of little value
or importance, even II observed. so long
as the railroads freely CAV transporta-
ton to the members of political conven-
tons and to all persons active or influen-
tial in politics, to whom the public Off
cials owed their official existence.
In the last general assembly. there was
introduced a bill prohibiting, under suit
able penalties, railroad companies from
granting free transportation to persons
other than employees and those engaged
in works of religion and charity. Through
railroad and political Influences. this bill
was defeated. / believe. however, that
stood and the propriety of such legisla-
ton more generally recognized. After
the defeat of this law. i induced the
railroads of the state to agree to discon-
them hat I would test. by litigation
their right to do so unless the practice
was discontinued.
There is some question as to the good
faith with which this agreement has beer
kept by some of the railroads. and it Is
of course, problematical as to how Ions
1t will be recognized by any / ask
therefore, that you enact such a law a.
will secure the final abandonment of thi.
corrupting practice.
Rights of Corporations.
Before leaving this subject of the regu
lation of the charges or the conduct O
the business of public service corpora
tions, ] wish to urge upon you the neces'
sity of conservatism in the considerable
and enactment of such legislation. Will,
1t is both the right and the duty of tn,
state to regulate public service corpora
lions in such a way as to secure fai
rates and a proper service for the PEG
Pile, such laws should not be enacte,
merely because the power exists to pas
and enforce them.
The attitude of the state toward In
dustrial combinations and trusts Is
question concerning which there exists
marked difference of opinion, and 1t
proper solution is of the highest impor
lance to the business world as well as I
the general public. The principal diffi
Guilty that arises in connection with thi
problem is that there exists today, a
there always has existed, to a greater o
less degree. a conflict between the rule
OF business and the laws Of men, j
Is the common law, as well as the statut
law OF this state, and OF practically all 9
the states OF the Union. that any combi
nation or agreement which limits O
lends to limit free and unrestricted com