The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-10
1T HELPS KANSAS.
tcontinued from Page One.

| This state has no two cent fare law.
/ But it has an agreement which leaves
| the rate in effect in Kansas, pending
| final settlement of the Nebraska case,
| which is still in the courts. The decls-
| ion of the United States supreme court
makes the agreement look better than
| at any time since it was made.
| Further than this, the old Missouri
river freight rate schedules do not
seem to be nearly so strong as before
yesterdays decision was rendered IN
Washington.
while it will be several days before
the complete decision will be received,
said Myer Hurley, member of the pub
lie utilities commission, yet it is quite
evident that the decision has extended
to the states greater power in the mat
ter of rate regulation than they ever
had before. 1t seems to mean that the
states will have greater latitude in
the matter of rate regulation than they
enjoyed in former days and the matter
of interstate commerce can be largely
overcome through the terms of the de-
cision. The decision. in my opinion, is
of great benefit to Kansas"
John Dawson, attorney general, VINO
helped frame the two cent passenger
fare agreement, is elated over the news
from Washington. Had the SanDorn
opinion been upheld, then the kansas
case would have had little hopes, but
ter shape to regulate rates than ever
before.
Discussing the Minnesota rate case
decision today, Dawson said:
"The decision of the United States
supreme court in the Minnesota, Mis-
souri, and Arkansas rate cases Will
be of great benefit to Kansas when
cur two-cent passenger rate cases are
tried. Indeed, if Judge Sanborn's de-
cision in the Minnesota case had not
been overruled it would never have
been worth while for the state of
Kansas to spend dollar to uphold
it's two-cent rates. The Sanborn opin-
ion virtually put the state govern
ments down and out in any attempt
to regulate railroad rates on the
ground that such state regulations
were a burden on interstate COM
MERGE The supreme court decision
merely says that such burden is a
lawful one and that these state pas
senger and freight rate cases must
be settled upon the facts of each par
ticular case. If the rates fixed by
the state do not permit a fair return
upon the valuation of the property
engaged in the traffic, such rates are
confiscatory end illegal; otherwise
state rates are valid Notwithstanding
their effect upon interstate commerce.
by stipulation with the railroads
and with the approval of Judge Pol
lock, my thirteen cases with the Kan
sas railroads about the two-cent fare
are not to be taken up for trial until
the conclusion of the litigation be-
tween the railroads and the state of
Nebraska on the same subject. But
because of the issues of law involved
in the Minnesota, Missouri and Ar
kansas cases which would be bound
to control the two-cent passenger
cases in Kansas, South Dakota, Ne
braska, Iowa, Alabama and Okla
he nf these
states joined in the contest to assist
Attorney General Simpson of Mime
sofa, Attorneys General Hadley and
Majors of Missouri and Attorney Cen
eral Norwood of Arkansas in the fight
which they have just won. Later the
railway commissioners of these states
and the governors of most of the
states likewise interviewed and the
of law concerning the pow
ers of states to regulate freight and
passenger rates may be considered set |
tied for long time to come by this
decision.
1.-The particularly difficult problem
was in the apportionment of
the expenses between state and
interstate traffic. In the Mis-
pertS for the railroads swore that in |
their opinion it cost from three to |
seven times as much to run a. local |
passenger train as It did an interstate |
plug train to Topeka and Argentine,
carrying 40 to so passengers to a coach |
and being subjected to sidetracking on |
behalf of the big interstate trains, cost |
from three to seven times as much to |
operate as it does the Santa Fee Linn |
tied, which goes from Chicago to Cal
ifornia across half g. dozen states with
splendid equipment, electric lights, |
highest paid engineers and conductors |
and which the management will not
permit to he crowded and with all the /
luxuries of modern civilization. And |
moreover, the railway got by with that
sort of testimony through every fed |
eral court in which the issue was made |
until it reached the supreme court of
the United States ard there is hope
lessly fell down. That sort of testi- |
mony was too much for the credulity
of the United States supreme court
and in that respect it shows that the
minds of that great and learned tri-
bunal run close to the minds of the |
common people,