The Topeka state journal., 1909-03-08

The two cent fare law has, however,
been enforced. From the decision of
the court this state may appeal to the
supreme court of the United States.
Pending that appeal the railroads
VIII not be bound by the law, and
may at any time adopt and put in
force the old rate by publishing new
schedules as required by law. The
state law requires ten days notice of
an advance in the state rate; the in
terState commerce law requires thirty
days notice of any change in the in
terstate rate.
what rate the railroads will adopt
and when it will be put in force must,
of course, be determined by the
traffic officials after they have careful
1y considered the text of the decision
Affects Litigation I'm Kansas.
'The two cent rate is the subject
of pending litigation in Minnesota,
South Dakota, Nebraska and Kansas.
1t is not conceivable that If the rate
Is confiscatory in Missouri it can be
compensatory in any of the other
states. What, if anything, will be done
in other states has not been determin-
ed.
I'm view of thorough Investigations
and the decisions in the Pennsylvania
and Missouri cases, it is doubtful
whether any state will longer attempt
to keep in force a two cent fare law
Oklahoma makes provision therefor in
its constitution, which may be difficult
to change.
Rule Is Laid Down.
Judge Mcpherson proceeded with
unusual care and caution and, at al
most personal sacrifice to himself
heard the testimony orally. He has laid
down in simple words certain rules by
the use of which any legislature seeking
to pass rate law, or any railroad de-
string to contest one, can readily de-
termine whether it is confiscatory
These rules are: Ascertain the
value of the entire railroad property in
the state: of such value assign to the
traffic to which the rate in question ap-
plies, such proportion as the revenue
from such traffic bears to the entire
state revenue; upon this assignable
value there must be an annual return
of at least six per cent; expenses as
between state and interstate business
must be divided upon a revenue basis
and have added thereto the extra cost
of doing state business over interstate
business"
Elliot w Major, attorney general,
said:
1--WE don't give up the fight for
lower railroad rates in Missouri. 1
take up the case today where Cover
nor Hadley left it off and shall con-
tinue his stand. We have two forums
in which to fight. The one the high
est tribunal in the republic, the other
the executive branch of the Missouri
government. The legislature is now
in session and I will endeavor to have
some action taken if possible during
the present session. we are allowed
two years in which to appeal the case
to the United States supreme court
but we shall take our time"
State Will Appeal.
Kansas City. Mo. March S.
Governor Hadley did not appear sur
prised when informed that the two
cent passenger fare law had been
knocked out by Judge Mcpherson in
the United States circuit court at
Kansas City.
'sAll 1 can say at this time said
the governor, sis that the decision is
not a correct one. 1t does not end
the fight, however. The state will
surely appeal to the United States
supreme court. OF course this ques-
ton is in the hands of the attorney
general"
Railroads Have Not Decided.
ST. Louis, March S.-Whether old
rates viii be restored by railroads in
Missouri as a result of Judge McPher-
sons decision in the United States dis
trict circuit court at Kansas City, has
not been definitely decided today, Off
Gals with headquarters in st. Louis
said.
Assistant General Passenger Agent
Fenwick of the Missouri, Kansas &
Texas felt sure that the old rates
would ultimately be restored in the
event Judge McPherson's decision
stands.