The Topeka state journal., 1909-03-08
STUBS is FIRM,
Opinion on Two Cent Fare
Hasn't Changed.
Says Kansas Legislature Should
Enact a Law.
POINTS OUT DEFECT.
Physical Valuation Law Would
Clear Up Situation.
Topeka Officials Don't Know
What Will Be Done.


deslrability of a 2-cent fare law for
Kansas is not altered in the slightest
degree by the decision of the federal
court in the Missouri rate case. To a
| reporter for the State Journal who
asked the governor for his opinion
! relative to the effect on Kansas of this
decision, he said:
My opinion that the legislature of
| this state should enact a 2-cent pas
senger fare law for Kansas is not
changed in the slightest degree by the
| courts decision in the Missouri case. I
| still believe emphatically that our Iegis-
/ 1ature should have enacted this law /
/ endeavored to secure the passage of
such a law at the last special session of
! the legislature and I recommended the
passage of such law in my message
/ to the present legislature. 1 do not be-
lieve the court in the Missouri rate
case had any evidence that the rate in
that case was not remunerative or was
confiscatory, excepting what evidence
| the railroads themselves furnished. I
/ doubt very much that under the pres
| ent laws in Missouri it was possible
| for the state to present the proper evil
dence so that the court could know
whether or not the rate were remuner-
ative.
THAT is what have been endeavor-
! ing all along to secure, the enactment
| of law that will give the state au-
| thority to ascertain, outside of the
statements of the railroads themselves,
whether or not rates are proper and
fair. It is just as easy to control cor
porations as it is to control private in
dividuals if the legislatures would pass
the proper laws. 1t is childish, foolish,
ridiculous to say that these big cor
porations cannot be controlled. But the
same strong influence of the railroad
and other big corporation lobbieS ope-
rate against the legislatures as well
as against the national congress to
I
and that is the reason such corpora
tions escape proper control and regu-
lation.
1.-The courts decision in the Missouri
rate case does not change my opinion
a particle. 1 still believe Kansas should
I have a 2-cent fare law and that the
legislature should also pass a law Civ
ing the state the power to ascertain
proper and remunerative, so that the
state can submit evidence without
having to takez the statements of the
railroads in the cases
/ Adverse Report in Senate.
In the senate this morning Chair
man Hunter of the railroad commit
tee presented a report recommend
ing that the house bill providing for
a 2-cent fare. law in Kansas, be not
passed. Senator Hunter explained that
the reason for reporting unfavorably
on this bill was because the commit
tee did not desire to disturb the
a agreement now in force between the
railroad companies and the state
which provides for 2-cent fare
pending the courts decision in the Ne
braska 2-cent rate case. He said that
even if that case is decided against
the state, that Kansas has law on
the statute books requiring railroads
to sell mileage books containing 500
miles for $40 This law could not be
knocked out, he thought until another
session of the legislature is held,
when, if necessary a 2-cent fare law
can be enacted. He thought it is un-
wise at this time to disturb the agree
ment between the railroads and the
state
Senator Hodges, of the minority,
had thought of presenting minority
report on the railroad committees de-
cision to kill the 2-cent fare bill. but
after he was informed of the decision
in the Missouri case he decided not to
do so.
Santa Fe Undecided.
w. r. Smith, who is at the head of
the legal department Of the Santa Fe,
when informed of the decision in the
Missouri case, stated that he could not
say at this time whether or not the
railroads will attempt to restore the g.
cent fare in Kansas. He mentioned
that at present the railroads have ac-
quiesced in an order issued by the
state railroad commissioners in July
1907, requiring the railroads to adopt
the 2-cent fare rate pending the
courts decision on the Nebraska case.
He stated that this acquiescence of the
railroads is not an agreement and he
mentioned that the Santa Fe. brought
26 suits to set aside the order of the
railroad commissioners, within thirty
DAYS after the order went into effect.
In order to preserve the railroads
rights in the premises. These suits,
however, have not been pressed in the
courts and the railroads have awaited
action on the Nebraska rate case.
Judge Smith did express the opin-
ion, however that if a 2-cent fare rate
is held not remunerative in Missouri,
which has population of over 3,000,-
900. it would not seem probable that
it would be remunerat1ve in Kansas
which has population of only 1'5oO'-
600. He could not say at this time
what action the railroads would take
in the matter.
The emergency order of the rail-
road commissioners, promulgated in
July. 1907. putting into effect 2
cent fare in Kansas. is as follows:
wherefore. the state of Kansas, on
the relation of the attorneys for the
board of railroad commissioners of
the state of Kansas prays that proper
notice be given to each of the de-
PENDANTS and that the board shall in
I,estieate the complaint herein made.
and after an examination and hear
ing that the board shall declare that
an emergency exists within the state
NJ Kansas. and that 1t shall declare
and make an emergency rate of not
TO exceed two cents per mile to be
in force within the state of Kansas,
and that said emergency and emerg-
encv rate shall remain in force until
the question of the reasonableness or
Inreasona bleness of the rate in the
state of Nebraska has been determined