Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-09
MISSOURI UHDAUHTED
6Y RATE cav DECISION
CONTINUED From First Page)

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shows the valuations to b" AS recitec
In the findings Of fact herewith filed
and to which reference will be made
, In the DEGREES.
1t Is absolutely tfnc that many
| trains, both PASSENGER and freight. &c
both local and filters ne business
, Even the fast trains stopping at but
few stations in the Stat" carry state
pas seugers between such stations
And the same is true as 10 freight
trains carrying freigh. both IN
. carload and less than carload lots.
Valuation Fixed by Court.
The valuation CT the roads mas
been fixed by the Court as shown
by the findings OF fact. The entire
state and interstate earnings OF each
of the roads within the state is
known and fixed to IA certainty. Ihe
expenses are known and fixed. TO
appOrtion these eXptn.es, must be
done according to one ul The two the
cries. and the correct theory Is thal
according to revenue. one theory
III TIE pthSk huot uS aIP'''e ~ $1,000
freight and passenger expenses, and
the Court should not adopt the one
theory as to part, and the other the
DRY as to another. The one theory
is helpful to the one side, and the
other theory helpful to the other side.
the one theory TO the one side In
freight, and the other theory to the
other side in passenger. But an ar
bitrary splitting OF theories Is i'log-
ical and unfair, and cannot be rec
ognized. The Court has adopted the
revenue theory because great num-
bier of the best railroad experts o.
the country. against very limited
number. to the contrary have so ties.
titled. Every Court that has ever
had this question before il in so lar
as / am advised by the briefs of coiin
sci and my own independent investl-
CATION has so held in the cases OF
the Supreme Court OF the United
States; in two cases. by two circuit
Judges of this circuit: by three dis
trict judges of this circuit. and by
lnt ouDIeule \OuIl vi wi iuo, O'->
vs.. Atlantic Coast Line. And Beale
& Wyman on Raildoad Rates Regu-
lation. announces such as being the
correct rule. The values of the prop
erty within the State have been fixed
by the Court. The entire earnings
within the State. interstate and state.
freight. passenger, and miscellaneous
Of each, have been fixed. The entire
expense is known. including the ex-
ira cost OF each. To ascertain
whether the result is profit. and II
so. what per cent. or loss, is but a
problem of primary arithmetic, as Is
shown by Judge Van Devanter in
Arkansas Rate Gases. There are
other methods equally simple. the
resultant figures OF course being the
same These computations show as
to the commodities covered by the
freight rate statute O. 1907. that two
roads the Hannibal & st. Louis. and
the burlington. allowing nothing for
extra cost. there is deficit, and with
all other companies less than two per
cent. But with the extra cost added.
the deficit for the two companies Is
much greater and the other compa'
MES show a deficit.
THE passenger earnings under the
two cent fare Law Of 1897 allowing
nothing for extra cost over interstate
business. give no return whatever to
the Rock Island. ST. Louis and Han
nibal Kansas City. AClintcn 4 Spring
field and the Great Western. The
other companies will have the follow
ing: The ST. Louis & San Francisco
between three and four per cent;
the Santa Fee between four and five
per cent: the Kansas City Southern
a small fraction over two per cent:
the VI. K.>& T.. between two and
three per cent: the Burlington be
tween three and four per cent. But
all this Is arrived at by allowing no
extra cost Of service. But to add the
extra COS, for freight and passenger
there are no earnings over expenses,
This is confiscation under the Con-
stitu,ion.
1T being legislative act. and not
a judicial one. this Court cannot fix
rates. II It could. two and cne-ha't
cent passenger rates would be fixed
for the stronger roads. and three for
the others But that is for the LEG
is.Aturr. acting Itself with experts
such as the State employed in these
eases. CT through a commission with
like assistance.
Judge Mcpherson also says in the
decision: When the statutes in
question were Enacted. II was he
!icved by many that by reducing the
fare there wCuIi 10 mach more traN'
ell Fer a month or 50 this proved
10 be true. Bul with the novehS