The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-16
Laws of the Various States Are
Upheld.
q. s. Court Holds Freight and
Passenger Laws Valid.
FOLLOW MINNESOTA CASE
Where COnfiscatOry Applica-
ton Is Merely Suspended.
States May Enforce Reductions
Later in Some Cases.
THE MISSOURI TWO Gent FARE
Lower Court Reversed and
State Wins Case.
Kentucky and West Virginia
Cases of Interest.
States May Enforce Reductions
Later in Some Cases.
THE MISSOURI TWO Gent FARE
Lower Court Reversed and
State Wins Case.
Kentucky and West Virginia
Cases of Interest.

Washington, June 16.-Validity of
two cent passenger laws and maximum
freight rates in Missouri, West Virginia
and Arkansas, were upheld by the su-
preme court today, in another series of
decisions in the noted state rate cases.
No decision was announced in the Ken
lucky cases.
Missouri Law Upheld.
In the Missouri case the great ma
jority of rates contested by the ran
roads as confiscatory were held valid.
State freight rates established In
oregon also were approved. All claims
that the state laws attacked inter-
fered with interstate commerce were
swept aside, following the precedent
SET in the Minnesota rate decision a
week ago. In the majority of the MIS-
souri, cases and in the Arkansas cases
the court held the railroads had pre-
sented too general data on Wnlcn - 10
base a claim that their property was
being taken without compensation
through the operation of the new rates
Some Rates Confiscatory.
In the Missouri rate cases today. the
supreme court held the rates conf1sca-
tory on the st. Louis and Hannibal,
Kansas City, Clinton and Springfield
and Chicago Great Western railroad.
The court held the rates valid as to the
st. Louis. southwestern, the missouri
Pacific, the st. Louis Iron Mountain
and Southern, the Wabash, the Chi
cago, Milwaukee and St PAU, ana the
Chicago and Alton.
Based on Two-Cent Fare.
The decision, holding the rates con-
fiscatoryto Chicago Great Western, was
made to apply by virtue of stipulation
between the state and the railroads, to
"a h1
railway and the st. Joe and Grand Is
land railway. The decision was based
upon two-cent passenger laws and the
maximum freight law.
Based on Minnesota Case.
Justice Hughes, who announced the
decision. held that the point sought TO
be made by the railroads. to the effect
that the Missouri rates were an in
reference with the interstate COM
merce. must be decided against them
for the same reasons given by the
court in the Minnesota rate cases.
Lower Court Reversed.
The court also sustained the rates
of the Missouri law as to the Chicago,
Burlington & Quincy, the Atchison,
Topeka & Santa Fe, the Kansas City
Southern, the Missouri, Kansas Il
Texas; the Chicago. Rock Island q
Pacific Gncluding the st. Louis, Kan
sas City and Colorado) and the st.
Louis & San Francisco.
In each of these cases the DEGREES
of the lower court in favor of the rail-
roads were reversed
Rates Merely Suspended.
The constitutionality of state two
cent passenger law or a maximum
freight law was determined in the
Minnesota case, when the court held
that state had a right to pass such
laws, provided the rates imposed un-
der them were not confiscatory. This
same application was made to the Mis-
souri, case today. The decision is a
partial victory for Missouri as the low
er court had held the rates confiscatory
on all the roads. In the cases in which
the rates were held confiscatory, the
supreme court today modified the low
er courts dcrees so that the railroad
commissioners and the attorney general
of the state may apply to the court
for further action, whenever it shall
appear that by reason of a change in
circumstances the rates fixed by the
states acts are sufficient to yield rea-
sonable compensation
What Court Says.
The suits were brought to restrain
the enforcement of the freight rate and
passenger fare acts of the state of
Missouri passed in 1907
There were is suits in ALL it was
stated in a memorandum from the |
court.
I'm eight of the suits. it was stipu- |
lated in the court below that they ,
should abide by the decision reached |
in other cases. OF the remaining ten, |
two were consolidated into one for !
purposes of trial, leaving nine suits
which were submitted to the court be-
low upon the proofs. The court below
enjoined the rates as being confisca-
tory.
ION the appeals in these nine suits,
this court sustains the rates to six
(NhIca
ton & Quincy, Atchison, Topeka &
Santa Fe, Kansas City Southern, Mis-
souri,, Kansas & Texas, Chicago, Rock
Island & Pacific (including the ST.
Louis, Kansas City & Colorado) and
St Louis & San Francisco.
I'm the cases of those companies
the DEGREES are reversed and the cases
remanded with instructions to dismiss
the bills respectively without preju-
Dice
Under the stipulations in the court
below, this decision upheld in the Mis-
souri, law, applied also to the ST
Louis Southwestern, the Missouri Pa
clf1c, the St Louis, Iron Mountain and
Southern Pacific, the Wabash the
chicago, Milwaukee & st. Paul and
the Chicago & Alton.
The Courts Ruling.
THE court holds these rates to bq