Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-08

Che opinion would have. while sov-
uul railway attorneys mtmntcd that
ihc individual railroads soon would 60
pack to The Scent passenger rate. none
WAS able tO state specifically that this
would Doc done, 0r if done when the ac.
ton would be taken,
GOV HADLEYs COMMENT.
jefferson city. Mo. March S-Goy
ctnor Hadley did not appear surprised
when Informed that the 2-ccnt pas
sengcr rate law had been Knocked out
by Judge Mcpherson Ia tho United
states circuit court at Kansas city.
AN / can say at this time" said
the governor els that the decision i-
not "a correct one. IL does not end
the fight however The state Will
surely appeal 90 the United States SUE
prcme court. OF course this question
is in the hands Of the attorney gone
oral"
Commenting az some length ON the
decision Gov. Hadley said:
while the decision ON Judge Nc
phcrson is simply the opinion Of one
Judge lt must be accepted as the law
until the questions involved are SUBJ
United 20 the supreme court OF tho
United states.
"rhat I think the decision is wrong
goes without saying The claim that
the rates fixed by the freight and pas
sengor rate laws were uureusouubly low
ana therefore conhscatory WAS based
upon expert testimony as 10 how the
common expenses should be divided
between state and interstate traffic
The theory Of the railroad experts Is
that thc expenses common TO the state
and Interstate traffic should be divided
IN proportion 10 the revenue produced
oy the two classes Of traffic with an
ADDED increase OF cost for the doing
of state business
This theory seems 10 me manifest
ly wrong and absurd, as IT'S necessary
ana logical result Is that the higher
rates ana the greater the revenue pro-
duced by the state traffic. the larger
would be- the amount of expenses as
signed TO that traffic A number Of
The witnesses for the railroads testi-
fed that the only way that the rates
for the state traffic could be made re-
muneratiVe would be 10 make them so
high that they would be prohibitive.
IL would, therefore be just as easy
for the railroads to prove by this
theory that the thrce-cent law was I'M
reasonable 90 prove that the two-cent
law was too low, The state conceded
that the expenses Of doing state bus
mess should be- detormiqod ON the bas-
ls OF cost Of service rendered TO the
two classes of traffic The question as
20 how those expenses should be divid-
ed was the one controlling question
involved In the litigation. So II Is APP
parent that these laws which were
regularly enacted are declared inoper-
ative on a theory supported alone by
the testimony of the expert witness
es. So long as this method obtains the
right Of the states 90 regulate the
charges of public service corporations
doing business therein amounts 10 but
little OF nothing
ATTY.-GENL's. OPINION.
.5ih3tt W. Majss, attorney aeaerai
Esidi
we "ol.t e.Fe as tae haAt i0v l8wsr
railroad Tdaes in Misssau J take up
sac ease tsday where Gov. Hadiey laft
81 on sha snail continue has stsnn. We
nave Two forums iH which h. hgaf The
ems Gag the hiBnest tribunal iH me re-
public, the other tine legislative
branch Of the Missouri government.
The legislature is now in session ana 1
Will endeavor 10 have some action
taken IL possible during tho present
session. We are allowed two years in
which to appeal the case 20 the United
states supreme court, but we shall
take our time"