The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-03-22
RAILWAY FIGHTS AGAINST
TWO-CENT PASSENGER RATE
Application For Injunction BY
d., S. S. & A. Heard BY
Three Federal Judges

Federal Judges Loyal Z. Knappen
enc A. C.. Denison. OF the sixth circuit
court OF. appeals. Cincinnati. and
Judge Angel, OF Detroit. are sitting
together in the local United States
court or the case OF the Duluth. South
Shore a Atlantic railway against At
torney-General Franz Kuhn and the
members OF the state railway commits
sion, Cassius l.. Glasgow, chairman
George w. Dickinson and Lawton r.
litmans, 10 restrain them from en-
forcing the two-cent state law regu-
ldting the railway passenger rate of
fare in Michigan
The law went into force, Aug. |,
III, but has never been observed by
the compliments. because they secur-
ed temporary injunction from Judge
Angel, last July restraining the at
torney-eeneFal from making them
abide by IT, The writ was returnable
within month or so OF its being is.
sued. but the hearing, because of adj
)ournments for one reason and an
other. aid not come up until now. The
comDlainants seek 10 have the in
junction continued, but the attorney
general sets up In his brief that no
restraining order should be I'm force
until me court takes testimony in re-
gard to the situation and learns
whether there are good reasons why
the complainants should not obey the
law, as other railways are doing in
the state. In the present suit no wit
nesses are TO be heard
Mr.. Kuhn is being assisted in the
light by Roger Wykes, special coun-
sci, anG George Law assistant attor-
ney-Seneral. The complainants are
represented by A. Il. Eldredge, OF
Marquette, president OF the road, and
Attorney j. Howe, OF ST. Paul. MINI.
IL his brief, Mr.. Kuhn says in part:
Specifically as TO the value OF
the compliments Michigan prop
erty. the bill alleges value of
100000: the aiIidavits OF ex-
ferts Indicate vatues ranging To
$l4.000,000. These values are al
based upon personal judgment
and opinion, colored and influ-
enced 20 more or less degree
by the purpose of the inquiry-the
desire TO so value the complain
ants property as TO defeat the
operation of the two-cent passcn.
ger rate law. These witnesses
were selected with that end in
and had their Values moi
been thought sufficient TO produce
that result the affidavits would not
have been fled
At best the judgment of these
witnesses is based upon a general
inspection OF the property
Another uncertainty with re-
gard TO which there has been no
attempt at proof, is the extent 10
which the three-cent fares which
may still be charged by the COM
plainant will increase the earn
ings which II states will result
from the operation of the two
cent law Sixty-two out of 50 OF
its stations are near enough to
gether so that 1t may still charge
three cents for transportation be-
tween them. The earnings be
tween these stations may or may
not be sufficient to materially IN
crease the intrastate earnings,
but the fact should be disclosed
to the court, and without kDowi-
edge OF il there is an element Of
uncertainty and doubt which pre-
cludes the saying that clearly and
palpably the two-cent rate law liz
vades the compliments rights
and deprlyes it of its properi%
The compliments bill and al
fldayits show the return upon The
entire property in Michigan to be
between and per cent: the
defendants proofs show the re-
turn upon the entire property 10
be greater than this and thai
there is considerable rae of
return upon the property engaged
i'm the several classes of the bliSi.