The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-27
He Writes Opinion Dissenting
From BristOw and Kinkle.
Thinks IntraState Passenger
Fares Should Be Increased.
PROPOSES REVISED SCHEDULE
Says Much Evidence at Hear
ing Was UncOnvincing.
Rate Between "a and 2.5 Cents
Is Advocated.

Judge C. F. Foley, minority mem
Der of the Kansas public utilities com
mission, today filed dissenting opin-
ion in the intrastate passenger rate
case. In his opinion Judge Foley
holds that a denial of an increase in
rates is not warranted by the testi-
mony and showing before the com
mission. He recommends a rate of
"a cents and 2.5 cents mile for var
ious roads, effective September L and
to be tentative for a period of one or
two years with further investigation
as to permanent rates.
The opinion which Judge Foley
wrote today is in direct contrast to
the one by ]. L. Bristow, the candi
date-chairman of the commission.
John NJ. Kinkle, Republican member
of the commission, Joined with Bris-
tow in the prevailing opinion. In the
Kansas Natural Gas rate case, kinkle
gave the deciding vote in the opinion
which the courts set aside. In the gas
case, as well as in the passenger rate
case, Judge Foley wrote dissent.
Urges Higher Rate.
Substantial justice will be done
thru an increase in intraState paSSen-
ger rates, Judge Foley holds He
urges the establishment of a rate of
"a cents a mile for the Union Pa
cific, Santa Fe and Rock Island rail-
A rate OIL 20 Genus d lille is
recommended for the Missouri, Kansas
& Texas, the Frisco, Grand Island,
Missouri Pacific and Leavenworth &
Topeka roads. The rate should be
! tentative and made effective Septem-
Der L, Judge Foley urges
1t is quite probable, Judge Foley
indicates in his dissent, that he will
file a more extended opinion later.
The opinion today IS brief, but to the
point. The dissent disagrees with
!
lions drawn by Bristow and Kinkle in
their prevailing opinion.
The case of the Union Pacific is
used by Judge Foley as an example
in determining the issues for all con-
testing roads
Tho the net revenues of the Union
Pacific upon all of it's business might
be sufficient to enable it to declare
princely dividends upon it's capital
stock" says Judge Foley, eff the
| ly intrastate passenger service are
| insufficient to enable it to meet all
OUTLAWS and expenses properly charge
| able to chat class of service, and to
yield a compensatory return upon
| that portion of the company's prop
| it IS the duty of the commission to
| so declare and to advance the intra-
/ state passenger rates to an adequate
| extent
| present RateS LOW.
Much of the testimony and many
of the formulas presented in the
hearing We're of little value and mere
! ly cluttered the record, Judge Foley
| declares. Evidence, however, showed
most convincingly that present rates
| are inadequately low. In fact, there
was little testimony to the contrary
! and probably little that could be pre-
scented.
Continuing his opinion, Judge
Foley said:
AFTER clearing away the rubbish the
IN my 10 tbe effect that the ntra
| state passenger rates are inadequately
low. In fact, there was very little testi-
| mony produced to the contrary. Proba-
bly, very little could be produced. 1t is
true that attempts have been made. to
| from portions of the evidence, but If there
! is any credence whatever to be placed in
| human testimony, the carriers have clearly
established the fact that they are entitled
to an increase in intrastate passenger rates
in Kansas.
lied to increase those rates? They have
asked authority to establish end make eff
fective a rate of cents per mile Such a
rate would, in my judgment, be altogether
excessive.
Proposes Schedule.
"A somewhat careful consideration and
| analysis of the evidence introduced by the
! Union Pacific railroad points to the estab-
lishment of a rate somewhere between "a
careful consideration of the evidence was
not made in relation to all the other car
riers, but / believe that substantial JUS
tice would be done by authorizing the pub
LEGATION and collection of the following, as
a tentative schedule of lntrastate passen-
/, 1917
8tcbison Topeka & Santa Fe.' 81
Chicago. Rock Island & Pacific........ "a
Missouri, Kansas & Texas .........-- p