The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-28
Judge Mcpherson Files Supple
mentary Opinion i'm Rate Case.
Has Seen No Reason to Change
His Position.
ADDITIONAL REASONS
Why Two Cents a Mile Is Not
Sufficient.
Burden of the Reduction Would
Fall on the Employees.

hdilsdS city, MO, April 2S.-A supple
mentary decision in the rate cases in
volving the eighteen Missouri railroad
companies, operated in Missouri. was
| filed in the federal court here today by
Judge Smith Mcpherson of Red Oak,
Ia.
| Judge McPherson declines to recede
from his first opinion, rendered on
| March 8, last, either in the matter of
| the division of the costs of the proceed
| lngs or to change his original holding,
that the court can not fix rates In eff
| feet the decision means that the rail-
ways and the state must each pay
one-half of the costs, which aggregate
! $4,000, and that the court refuses the
railways petition which asked 1t to
specifically state what passenger rates
| they should charge.
As to the contention that the court
was in error in it's original opinion in
that the penalties of the statutes rem
der them void, Judge Mcpherson now
holds that this section of the state
statutes imposing penalties is void
On the point of fixing the rates Judge
| Mcpherson says in part:
Complaint is made because of the
recital in my opinion that it being a
legislative act and not a judicial one
this court can not fix rates. II it could
| two and a half cent passenger rates
i would be fixed for the stronger roads
and three for the others. But that is
for the legislature actine itself with
experts, such as the state employed in
these cases or through a commission
with like assistants.
| His Position Uncontroverted.
My statement that it being leg
| islative act and not a judicial one this
| court can not fix rates. is not contro-
verted by any one. This being so, of
course what 1 said as above is obiter
diof TlIrf ie- iof,v l.
| reason whatever for not saying it and
still less reason for not eliminating it
from my opinion. 1 believed it proper
to say that the strong roads should
have two and half cents per passen-
ger mile and the weaker three cents.
could have fairly stated that the St.
Louis and Hannibal and the Kansas
City, Clinton & Springfield railroads
should have four cents or more per
! passenger per mile.
Il still adhere to these views and en-
tertaining them, l know of no reason
for not starting them, with reason for
believing it was my duty to state them.
| Passengers, like consumers, have rights.
One of these, rights is to have fares
| fixed reasonably low But the term
| reasonable is a comparative one. 1t
| must be in proportion to what it is
worth and the better the service the
more it is worth And the public is en-
| titled to have, with the right to demand
| efficient service, provided always such
| is paid for.
| Much in argument was said by
| counsel on both sides as if any arbi-
trary fiat rate is all that is involved,
regardless of service and regardless of
all other things.
| Matters of Importance.
Whether the trains are expensive or
! inexpensive daylight or night trains,
through or local trains, main line or
branch trains, roads through the hills
of central Missouri, or the Ozarks, or
4 over the prairies,' and whether the
trains carry few or many passengers,
are matters largely passed over as if
of no Importance. To me they seem of
1 great Importance. So it is as to the
greatly increased cost of materials
Compared with 10 years ago The
average fare paid per year, aside from
the low excursion rates. is less than six
dollars per year, commercial travellers
| excepted. To reduce that to four dol
lars. thereby saving two dollars, is of
| course of Importance. So are other
! matters of Importance.
aside from having efficient service
to be paid for at remunerative rates.
the 1aboring men, the employees, have
| rights They have the right to be well
| paid for their work, in daytime and
night time, sunshine and storm, during
the excessive heat of the summer and
the rigors of winter. Their hazardous
and most dangerous service entitle
them TO remunerdIlVe compensation
which they can not have with meager
earnings of the roads. Evidences OF
humanity and kindly feeling for their
fellow men need not be wholly dis
played toward the man who pays six
dollars per year for passenger fare.
kindHer disposition would suggest an
equitable division of sympathy Thou
sands and thousands of them have al
ready been let out because Of de-
creased earnings. and more are to fol-
low, with diminished compensation for
those from necessity retained. What
is the truthful answer to make these
| men and who is to make this answer
| 1t is doubtful if the legislature thought
this out. decline to modify my opin-
| iO,, n raSDerts this