Mexico Missouri message., 1909-01-21

were again instituted IN the federal court
by the railroad companies Co snjOin the
enforcement OF these laws. upon the
ground that they were confiscatory. But
upon hearing, the United States circuit
court refused 10 enjoin the enforcement
Of the 2-cent passenger rate law for the
reason that Its reasonnblnss could only
be determined by the test OF actual eXpe-
rience. The evidence bearing upon the
constltutionallty Of these two laws has
now been heard In all OF these cases and
they are ready 10 be submitted to the
court for final argument The condition
OF this litigation makes Il improper that
/ should further discuss or comment
upon the facts developed therein.
Commission Favored.
! think can fairly say. however. with
out reference 10 tho merits OF these par
ticular cases that ! have become con-
WINGED, and l think' all who have given
any thought and study TO this question
are convinced. TINT the regulation OF the
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.
Tho constitution OF 1875 porhlbltcd rail-
road companies from issuing. and public
officials from receiving. free tranHporta-
passed laws with suitable penalties for
the purpose OF carrying into effect this
constitutional provision. Both OF these
provisions were 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 80 long
as the railroads freely gave transporta-
tion TO the members OF political conven-
lions and 10 all persons active or iniiuen-
tiai In politics. TO whom the public offl-
In the last general assembly. there was
introduced n bill prohibiting. under suit
able penalties, railroad companies from
other than employees and those engaged
In works OF religion and charity. Through
railroad ana political influences. this hill
was defeated. I believe. however. that
this question Is now more clearly under
stood and the proprlety of such leglsia-
ton more generally recognised. After
the defeat o. this law. / induced tho
railroads Of the state to agree to dlscon-
them that I would test by litigation.
their right 60 do 80 unless the practice
was discontinued.
There Is some question as TO the good
faith with which this agreement has been
kept by some OF the railroads. and Il e.
Of course, problematical as 20 how long
4 WIN be recognized by any. ] ask,
therefore, that you enact such n law an
viii secure the Anal abandonment OF this
corrupting practice.
Rights Of Corporations.
Before leaving this subject OF the regu-
iation Of the charsea or the conduct OF
| the business Of public service corpora
| tons, / wish 20 urge upon VOC the neces-
| slty OF conservation IN the consideration
aud enactment of such legislation. While
| u ~ both the right and the duty OF the
/ state TO regulate public service corpora
/ lions IN such n way as TO secure fair
/ rates and a proper service for the poo-
| pie. such laws should, not be enacted
merely because the power exists 70 pass
/
4 The attitude OF the state tewnra In
/ dustrinl combinations and trusta - a
| question concerning which there exists a
i marked differences Of opinion. and 10
proper solution IL OF the Highest impor-
lance 20 the business world a. wen az 20
\ the general public. The principal dlfi-
/ Guilty that arises IN connection with this
problem - that there exists today. ns
I there always has existed, 10 a greater OF
leaa degree. a conflict between the rules
Of hsialnesa aud the laws OF men," II
/ Is the common law. as well as the status
law 81 this stats, and % practically all ~
tho states Of the Union, that any couDi'
nation or agreement which limita 81
ends 70 limit froe and unrestricted CON-