The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1911-05-06

rates to he put INTO fleet pending
the appeal Of the Supreme Court
OF the Uuiled States of the Mis-
sour rate case. In his message
he used the following language:
During the session of the 10th
general assembly there was con-
sldered by the Legislature a law au
thorizing the Board of Railroad
aud Warehouse Commissioners to
fix passenger rates. This bill
passed the house, but failed to re-
celve the approval of the senate.
While believe that this Board or a
Public Service Commission should
be authorized to fix passenger
rates, | do not believe that a cor
%rection of existing conditions
should now be secured in this way.
As 1T Is my opinion that if this
board was authorized to fix pas
senger rates in excess of the max
lmum heretofore fixed by law viz:
Two cents per mile, such an order
would in effect, result IN the re-
peal OF this law and the abandon
ment of the case now pending be-
fore the supreme court in which
the constituticnality of the two
cent fare law is to be decided. The
result would, in my opinion, De
highly inadvlsable, as it was my
earnest convection from the knowl-
edge gained by participating in
this litigation for over two years
as encouragement, that the two
cent passenger rate law was not
co~nficatory, certainly not in the
case OF the larger and stronger
railroads in this state. These
roads, as well as the other roads in
the state, are nOo carrying pas
seugers across the state at a charge
of two cents u mile, and in many
Instances less than two cents a
mile, Notwithstanding the fact
that railroads are, under the con-
stitution and laws of this state,
common carriers and required by
the law which gives them existence
to be carriers common to all alike,
on equal, as we'll as reasonable
terms. | recommend to the favor
able consideration of this legisla-
ture a measure that | recommend
ed To the consideration of the last,
prohibiting, under the express au-
thorization of the constitution of
the state, railroads from charging
more for a short than for a long
haul or a higher rate per mile for
a passenger carried within the
state than that which is charged
one carried across the state, or
from this state to another state. "
Governor Hadley in his message
to Che Legislature, and in the veto
message of my bill, speaks of the
deplorable condition IN this state
and the discrimination under
which the people suffer. To-day
the fare from Carthage on the
Missouri Pacific to Warrensburg,
a distance of 147 miles, is $40.
The fare to Kansas City over the
same roud, a distance of $50 miles,
is $40. The Frisco fixes the
rate to Kansas City. To Warrens-
burg there is no competition. And
this condition which the governor
at times deplores, prevails all over
the state.
Section II of Article u of the
Constitution reads as follows:
"It shall not be lawful in this
state for any railroad company to
charge for freight or passengers =
greater amount for the transporta-
ton of the same, for a less dis
lance than the amount charged
for any greater distance; and suit
able laws shall be passed by the
general assembly to enforce this
provision but excursion and COM
mutation tickets may be issued at
special rRtes."
Section IA of Article IL Of the
Constitution directs the general
assembly to pass laws to prevent
unjust discrimination in the trans
p%ortation Of freight and passeng-
e RI in the following explicit
language:
Railways heretofore construct
ed, or that may hereafter be con-
structed in this state, are hereby
declared public highways, and rail
road companies common carriers.
The general assembly shall pass
laws to correct abuses and prevent
unjust determinations and extor-
- - A.