The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-28
FOLEYS SIDE OF IT
Utility Commission Members
Dissenting Opinion in Full.
Why Kansas Railroads Should
Have Higher Passenger Rates.

Intense interest is being manifested
ever the state since Judge Foley of
the utilities commission sent in dis
senting opinion in the intrastate pas
senger rate case. That the thousands
of railway readers of the State Jour-
nal, and the public as a whole, may
read the opinion in full, it is repro
duced here, as follows:
Il dissent, it is unnecessary, well
inappropriate, to dignity these. few utter
time at my disposal and the urgent condi-
tons now controlling, preclude anything
may hereafter avail myself of the privilege
OF filing more extended statement of the
reasons which impel me to conclusions. in
those reached by my colleagues.
Il agree with some of the arguments set
forth in the majority opinion of the com
mission, but 1 disagree with many of the
differences and deductions drawn from the
evidence, as set forth in that opinion, and
illusions reached therein.
What is the issue presented for deter
railroad? Let f Us take e. one me- systemNthe
Union Pacific for illustration Are the
gross revenues of the entire Union Pacific
system sufficient to pay all proper. charges
and operating expenses, and to yield
compensatory return upon the value of the
P That is not nc issue
sented for determination.
Are the gross passenger revenues on
the entire system sufficient to meet all out
lays and expenses properly chargeable to
the PASSENGER service. and to yield com
pensatory return upon the value OF tna5
to the passenger service? The same answer
I do not know: That is not the issue
before the commission.
Are the gross revenues derived from
the intrastate business Of all kinds
freight, passenger, mail and express-suffi-
Gent to meet all outlays and expenditures
properly chargeable to intrastate service
of all kinds. and to yield a compensatory
rOfV Tnl of hot n
the company's property devoted to intra-
state traffic of all kinds? Still the same
answer do not know; and, for the deter
mination of the issue presented to the COM
mission, 1t is not necessary that L should
know.
fore us relates to the adequacy of the in
trastate passenger rates. Tho the net re
venue of the Union Pacific upon all of it's
business might be sufficient to enable it to
declare princely dividends upon its capital
stock, if the gross revenues derived from
insufficient to enable it to meet all out
lays and expenses properly chargeable to
pensatory return upon the value Of that
portion of the company's property dedi-
Gated to that service, then it is the duty
of the commission to so declare and to adj
vance the interstate passenger rates to an
adequate extent.
.sSubjected to this test the conviction is
rate is inadequate. No attempt will be
made at this time to discuss or analyze the
of it introduced. Much of it had little, If
any relevancy to the real issue: Hypoth-
advanced which it is wholly unnecessary
now to approve or disapprove. The show
ing made by one of the roads was far from
being conclusive could be wished.
Nevertheless, after clearing away the
rubbish, the proof, in my Judgment. Is con-
vincing. overwhelming, to the effect that
the intrastate passenger rates are made
quately low. In fact, there was very little
testimony produced to the contrary. Prob
true that attempts have been made to draw
certain differences and deductions from
portions of the evidence, but. If there is
any -credence whatever to be placed in hu-
man testimony, the carriers have clearly
established the fact that they entitled
in Kansas.
ITO what extent. should they be author
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
"A somewhat careful consideration and
analysis of the evidence introduced by the
lishment of rate somewherc between "a
cents and Is cents per mile. An equally
careful consideration of the evidence was
riers, but I believe that substantial JUS
tice would be done by authorizing the pub
LEGATION and collection of the following, as
a tentative schedule of Intrastate passen-
ger rates effective on and after September
1, 1917:
C*s. per Mile
Union Parific "a
Atchison, Topeka & Santa Fe.... "a
Chicago, Rock Island & Pacific. "a
Missouri, Kansas & Texas ...... rs
ST. Louis-San Francisco .............- 25
St Joseph & Grand Island ............ rs
Missouri Pacific Observation-Disclosures. 25
Leavenworth & Topeka ............... 25
THE adequacy of this rate to meet the
demands of justice as applied to the Mis-
souri, Pacific railway and The Leavenworth
& Topeka railway, may be open to some
question. So far as practicable. however,
in establishing schedules of rates, the en-
tire trackage of the state should be dealt
with as one system; and whenever mani
parity, of rates between DIFF
ferent systems should be established and
These rates, on becoming eff
fective should be regarded as only a tenta-
tive schedule to be modified, If necessary,
after the experiences of one or two years
have shown their effect upon the amount of
traffic and upon the revenues of
the respective carriers.
&C. F. FOLEY