The Montgomery advertiser., 1909-01-23
INNOCENT RATE LAW IS ARGUED
  Governor Hadley For
 the State. MISSOURI CASE IS UP Pointed Reply Made by Judge
 Spencer. Declares that Republicans started Railroad Awitatisn fse Political Parpeses--standiag of state | Dse te Corporations.

Kansas City. Jan Ex-Governor Her bert & Hadiey made the principal ar gument here today for the State In the Missourf-rate cases and the great ar ray of railroad attorneys and others were on hand to hear him.
 Judge O. M. Spencer of st. Joseph, Mo- general solicitor of the Chicago. Burlington and Quincy. made the lead ing argument for the railways.
 Governor Hadley said In part:
 .The railroads have demonstrated the falsity of their contention by their unquestioned prosperity during the course of the last ten years.
 The railroads themselves have dem- onstrated the reasonableness of the g. cent fare. If they would stop issuing passes and discriminating between those who are best able to pay as against those who are at least able to do so, they could easily comply with the Recent law. If, in ten years, with an increase in passenger trafiic of ap- proximately Ice per cent and ona in equipment and mileage of but 22 per cent, the railroads are not abundantly able to comply with these laws reduc- they have demonstrated that they are not nearly so eficient as operators as they are as witnesses.
 Judge Spencer said, in part:
 This is not a fight against Missouri, but a light for Missouri. The railroads have made Missouri the fifth state in the Union, and If let alone will help her go nearly the top of the list.
 The maximum freight law under consideration came about as the result of political changes ana not from any public demand or public necessity. It followed, as such laws usually do. the agitation of reform and the changes In party power.
 Tt came into existence in Missouri about the time the mysterious stranger made its appearance in Missouri. For the first time in thirty years the politi- cal parties changed power in this State. The new party cast around to see what action it might take to render itself popular with the people and without cause or reason assailed the railroads with this maximum rate law, following this later with the 2-cent law" Says Rates Arc C0nfiseatory.
 Gardiner Lathrop. of Chicago, gem eral solicitor for the Atchison, Topeka and Santa Fe Railway, declared that both the two cent and the maximum laws are void. the penalties for their violation drastic and the rates pre- scrtbed confiscatory.
 Mir. Lathrop in his remarks made these deciarations:
 The penalties for a violation of the State laws are so drastic and un- considerable that for that reason alone an injunction should be granted.
 .sThe laws directly and substantia1- ly affect Interstate commerce and for that reason they are void.
 The evidence clearly shows the laws to be confiscatory as to all of the roads in the State as shown by their statements of earnings and ex- penses in Missouri. The extra cost of State over interstate business, both freight and passenger, Is not only proved by the evidence of witnesses but is also conclusively shown by the actual check made of business done on the Santa Fe road. both as to freight trafic and as to passenger tranic.
 Legislative rates chiseled down to the point of conflscation in the face of higher wages and increased cost of material and requiring the interven- ton of the courts to prevent their enforcement, are not In the interest of the shipping and travelling public. What the people want and ought to have Is safe and efficient and con- stantIy improving service. Before the railroads can furnish this they must be allowed to charge remunera- tive rates."