The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-02-04
Kansas Railroads watching for
Famous S-Cent Decisions.
Topeka Ofacials Praying for
Passenger Revenues.
THEY have L TME OF Woe
Nebraska Opinion May Bo
Handed Down Soon.

topeka railway circles are alert to-
day over the rumor that the famouo
Nebraska 2-cent fare decision win b
handed down before the middle Of thia
month. The outcome Of this long
drawn out war over passenger rates
Is OF utmost interest to the Officials
OF the railroads In Kansas and to thn
Thousands OF patrons affected By the
increase In farces. The constant -
sertion that the 2-cent fare u q loe-
ing proposition In Kansas br1nRp ont
the importance OF decision In Kanana
and Topeka railway offices. Missouri,
aater e long wait. won her 1-cent fare
case in the courts Of last resort.
Officials In the general offices Of
the Santa Fe and Rock Island In To-
peka do not lay any claims to an Inn
mediate hope for an increase In pas
vorable sign Of q probable success IN
case the Nebraska decislon u against
the 2-cent rate. In any event the RAIL-
way men are anticipating an appeal
which means that the case win hang
Kansans will stu enjoy tho privileges
Of two cents q mile for their paseenGer
fares.
It is insisted by many Topeka rail-
way men that the 2-cent fare 10 =
losing proposition. They declare that
an example Of the loss through re-
duced passenger rates 10 apparent In
the returns from Arkansas. Missouri
and Oklahoma. where only two cents
ago the new rate went into effect.
I'VE have found the traffic in-
creased. to be sure" one Topeka of
ftcial said this afternoon. But ON the
other hand we find that our net pas
senger revenues have decreased sadly.
1t means that two cents q mile II q
losing proposition compared with the
old scent rate r
History Of accent Fare in Kansas.
The history Of the Kansas possession
Of the reduced passenger fares indi-
Gates that despite the action OF tire
courts in the Nebraska case. matters
Will rest easily in this state until al
| OF the pending deciAons ara absolutely
SETTLED. Attorney Cameras Dawson has
been successful in holding In abeyance
the cent fare litigation until the con-
clus'on OF the litigation between the
railroads and the state Of Nebraska.
Upon this ruling. it means that. If the
railroads. win in Nebraska. the state
Will appeal-very naturally-and Kan
sas will keep on paying cents a mile
| until the end of the trouble.
AT the instance OF Governor Hoch In
1907 the board Of railroad commissions
ers of Kansas made an order reducing
the passenger fares in Kansas to
cents a mile. The thirteen railway lines
| IN the state brought thirteen separate
suits III the federal court to restrain
the commissioners. the attorney for the
loard and the attorney general from
enforcing the order. However, no re-
| strajl-nA orders were issued and there
was a tacit understanding that the
| laws, its should not be called for trial
while litigation over the cent laws Of
neighhoring states was pending.
1t was the confident belief Of the
counsel of the railroads that they
would make short work Of the 2-cent
laws In other states and q couple OF
Kansas roads set about more or less
cernfng the loss Of revenue caused by
the reduction Of fares In Kansas in
the hope that they might speedily dis
pose of the cut in this state.
When the 2-cent laws Of Missouri.
Oklahoma, Minnesota. Oregon. Ken
tucky and Arkansas were held invalid
by the lower federal courts and were
appealed to the supreme court Of the
United States, the attorney general.
John Dawson, deemed It his duty to
file a brief as amicus curiae in the
supreme court Of the United states
because the same legal problems arc
| involved in the Kansas rate cases ana
the decision win have considerable ef-
feet.
Saved Expense to STATE.
In the legtslature Of 1911 when Q deter
mined effort was made to enact . 3-cent
Dawson went before the railroad commit
tee and the house committee Of the whole
and explained the situation, pointing out
that the proposed bill. II enacted, should
funds for the purpose of Conducting the
litigation which undoubtedly would follow
its enactment.
! 1t was decided to leave the matter In the
hands Of the board Of railroad commis-
sioners-thfs board having ample power u
fix passenger rates "as the march OF
events will justify"
| Then the attorney general entered his
stipulations with the attorneys for the
thirteen railways before the federal court
in Leavenworth that this 2-cent fare liti-
cation should be held in allegiance and
| continued until the conclusion Of the litf-
| cation between the railroads and the state
| Of Nebraska Judge Pollock approved tho
| stfpulations and Kansas will rest on her
arms until matters come to a full stop IN
| ebraska-
! Nevertheless the decision will bring
about considerable bearing on the case IN
Kansas.