The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-09
HADLEY SAYS NO.
Missouri Roads Enj0ined From
Enforcing Three Cent Fare.
Charged With Unlawful Agree.
ment to Fix Rate.
THE GOVERNOR DIDIT.
State Alleges Discrimination In
Different Tariffs.
Question of Applying State Anti
Trust Laws.
THE GOVERNOR DID 1T.

st. Louis. April 9.-The IS Missours
railroads are restrained from puttinR
three cent passenger fare into effect
saturday by temporary Injunction
granted by Judge williams in the cir
cult court here last night
The three cent fare was to have oh
tained after midnight tonight The i'm
junction was granted at the instance
o' Seebert G.. Jones. circuit attorney Of
81 Louis. acting for Governor Hadley.
Inc petition alleges that the railroads
nave entered into an unlawful! agree
ment 10 NIX the rates and thus have
Iaiied to carry out their charter re-
auirements in operating competin9
lines. 1t is also charged that there IL
discrimination between classes of
passengers in that some are charged
tnree cents on the ticket rate, others
TWO cents and two and a half cents on
mileage basis. The Injunction is re-
turnable next Monday.
husn Z. Lake and John Kennish. for
mer deputies In the office of Herbert
:. Hadley when he was attorney gene
eraI, supervised the filing of the suit
Mr.. Lake, who is now secretary to
governor Hadley. said the action was
not taken in defiance of Attorney Gem
erai Major Mr. Lake said that Mr..
MAJOR as Hadieys successor in the Of
nee was practically restrained by order
OF the United States district court and
the decision of Judge Mcpherson from,
enforcing the two cent rate law. and
While this suit was brought on other
grounds, Mr.. Major was not the proney.
person to bring the case before the
court All the proceedings surroundinc.
the filing of the suit were accompanied
oy secrecy, and yet revealed a clever
arransehent to have the proceedings
Drought at time when the railroads
were on guard, and no proceedings
could be brought to forestal the effect
| of the Injunction.
Circuit Clerk Graves kept his office
open last night to permit the suit to be
filed ~ -
me injunction order, signed by Cir
cult Judge George H. Williams. is pe-
cuhar IN some respects in that it is q
temporary restraining order and in ef-
| rect an order to show cause whv the
\ Injunction should not be granted This
| unusual proceeding was explained as
due to the Importance of the case the
necessity of an immediate restraining
oroer and yet a desire to give the rail-
road an opportunity to be heard
Jefferson City. April 9-Goyernor
Hadley at midnight said the Injunction
! against the railroads filed by Circuit
| attorney Jones at St. Louis was filed
| by Mr. Jones because of the question OF
Attorney General Major being restrain-
| ed by the federal court
! Governor Hadley drew up the peti-
| ton which was filed in ST. Louis.
Attorney General Major said that he
had himself suggested to Governor
/ Hadley some time ago the advisabiIity
OF proceeding against the railroads un-
| der the Missouri antitrust law in the
event that the three cent rate was p,It
/ into effect. He said he did not expect
1 any action to be taken, however. until
| The railroads made good their threat to
| raise the passenger rates. He said he
Z, had advised the governor that freight
as well as passenger rates might be
| Kept down by such a proceeding He
/ said he understood he was enjoined by
| the federal court from enforcing the
/ two cent passenger law