The Topeka state journal., 1914-01-30
Anybody Can Sue in Any Of the
Missouri Courts
To Compel the Railroads to
Return Excess Charges.
Attorney General Can Bring
Action for Total Amount.
Court Appoints q Master to Ad-
just All Claims.

Just All Claims.
Kansas City. Jan. 3o.-Injunctions
against John T. Barker. attorney gen
eral of Missouri. preventing him from
proceeding with suits to recover $24,-
100000 excess freight and passenger
charges. made by railroads while the
Missouri rate cases were in litigation.
were dissolved in an opinion by Judge
Smith Mcpherson filed in the federal
court today.
The original Injunction. brought by
railroads to prevent enforcement Of
Missouri's tWo-ccnt passenger and
maximum freight rate flaws. also was
dismissed in accordance with the re-
cent decision Of the United States su-
preme court upholding the laws. In
addition, the court held the $4,000
bond put up by each railroad in 1905
when the state rate laws were en-
joined has no reference to those per-
sons who have paid excess rates or
passenger fares and they can recover
whatever is due them.
Bond Is No Limit.
"The Injunction bond" declared
Judge Mcpherson, "does not limit any
person as to his claim for recovery OF
overcharges." Judge Mcpherson ap-
pointed Wash Adams, an attorney OF
this CITY, as q master to adjudicate all
claims brought In the federal court
for excess charges. declaring. how
ever that claimants might sue for re-
covery of overcharges in any court
they choose-state or national The
court declared t would retain juris-
diction over only such claims as
might be nled before the p master % Tor
clared 1t was for the claimants to Sc
lect their own courts.
Persons who have paid excess rates
can come into the United States court
and have their claims allowed by the
MASTER" said Judge Mcpherson. but
come into this court will not be bound
80 to do by any order OF this court.
They are left free to go to such court az
they may elect"
Attorney General Barker had oppos-
ed the courts right to appoint mas
the decree of the higher court Judge
McPherson's only duty lay in dismiss
ing the case without prejudice. tax
INK no cognixance Of how the excess
charges were collected"
Defends His Action.
Defending his action. Judge McPher-
son said: TT il without force to con-
tend that the decree of a trial court
reversed with an opinion Of the appel
late court and its mandate on file. in
all cases and under all circumstances
must be the language of the mandate.
Judge Mcpherson pointed out there
were many persons who had paid the
excess rates who were non-residents
Of Missouri.
"By what authority" said the court.
"the attorney general (of Missouri
can act for such persons 10 not made
known"
Reviewing the present status Of the
70 nos the court said.
THE attorney general and his asso-
ciates have commenced a case against
every one Of the railroads. claiming the
grand total Of excess fares and rates
paid during the life Of the Injunction
on the ground, az understand 1t, that
the action can be brought by one per-
son for all others of like interest.
do not discuss that question. The the
ory il, az understand 1t. that Officers
not under bond can collect this grand
total and make distribution thereof.
But to whom the sums shall be dtstr1b-
uted, and in what manner the rightful
parties be ascertained II not made
known. And that question I pass by.
Many Nonresident Claimants.
1T 10 claimed, as / understand 1t,
that should there be any sum not claim
ed by any person. hrm or corporation
the same will escheat or be forfeited. to
the state OF Missouri.
Al IL IL KNOWN oy &AAs P0A SSAASoeS
Of those paying excess fares and excess
rates were and are nonresidents OF the
state. BY what authority the attorney
general can thus act for such persons
is not made known. But I pass that
question by. 1t In said that this Will
result in years of litigation in the state
courts before the rightful parties OBJ
tain the proceeds for such excess rates
and fares. With that have nothing to
do.
The railway companies insist that
by the appointment VI master. the
amount of these moneys and the right
full claimants could be ascertained and
payments made within a few months.
! believe that to be true. believe 1t
to be the simple. methodical and eco
nomical way to proceed
Question OF RAtes.
Muchinterest was shown by railroad
attorneys in the portion of Judge Nc
Pherson's opinion wherein, in the
course Of q review of the rate litiga-
ton. he referred to q question OF fact
a. to whether the rates thus pre-
scribed by the Missouri statutes were
sufficiently remunerative.
This court held they were not >
the opinion said. land issued q per-
petual injunction against the en-
question OF fact the supreme court o1
the United States reversed the de-
crees of this court in thirteen cases
before this court. holding that the
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