The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-08-24
Bills of Complaint Filed in g.
s. District Court.
Claim p. e.. C. Ruling Is Con-
fiscatOry to Roads.
ATTACK THE STATE STATUTE
Assert Laws Are DiScrimina-
tory and Unreasonable.
Fight VIII Be Based on Ruling
of the /. C.. C.


bills of complaint with Morton Al
baugh, clerk of the United States dis
trict court, asking that court TO issue
an injunction against the public utili-
ties commission against it's enforce
ment of the 2-cent passenger rate and
also asking the court<to declare the
2-cent passenger rate statute uncon-
stitutional and confiscatory. The bills
of complaint are aimed at the public
utilities commission, its attorneys, as
persons upholding the 2-cent passenger
rate and the attorney generals office,
charged with enforcement of the Kan
Sas statutes
The railroads in their appeal for
relief to the United States district
court vary from their usual custom
of asking for a temporary injunction,
awaiting final decision of the court
They ask for no relief until a final
judgment is rendered at a hearing to
be held probably in November.
The railroads attack the recent 2
cent passenger rate decision of the
utilities commission on the grounds
that the 2-cent rate is confiscatory to
their property The appeal declares
that a fair return on investment is
found by the utilities commission by
OVercnarSlnS revenue from Irelgnt
service.
Attack Kansas Law.
In their appeal the railroads quote
the Kansas statutes which set forth
that the railroads are denied an in
crease over the 2-cent rate unless an
order is issued by the utilities COM
mission providing for the increase.
/ Just whether this is constitutional is
| questioned by the railroads. Then,
the railroads begin tearing holes in the
, Kansas statutes, describing them as
/ discriminatory and unreasonable and
! in direct contra diction to the CONF
merce clause of the federal constitu-
| ton.
The fact that Kansas intrastate pas
sengers are obliged to pay only cents
mile while passengers into Kansas
from other states are obliged to meet
Scent rate is described as discrim-
! inatory in the appeal Neither does
! the habit of Kansas City passengers
purchasing tickets to the Kansas side
at cents and taking a street car to
the Missouri side fit in with the rail-
roads idea of justice or anti-diScrim-
i ination.
The ruling of the interstate COM
merce commission in the Union Pa
cific case in which "a cents a mile is
placed as a compensatory rate in one
section of the state and 90 cents a
mile as compensatory in another sec
/ ton is cited in the appeal. The ig-
noring of this ruling the railroads de-
i clare is violation of federal clause
| Freight Revenue Overcharged.
The confiscatory charge against the
! enforcement of the statute is sustained
4 in the appeal by the charge that
| freight revenue is overcharged by the
| commission in its ruling. Revenues
derived from the 2-cent fare are eth
I er a minus quantity or of such small
/
I a loss or lacking in a fair return, the
railroads declare.
Attorneys for the roads declare thai
while the Kansas statutes make it i'm
possible for a federal judge to permit
an increase in rates, he can find the
enforcement of the statute to be con-
fiscatory and unconstitutional and is
sue an injunction against its enforce
ment. That will open other avenues
of action by which it is hoped the
2-cent passenger rate decision of the
utilities commission may be knocked
sky high.
The filing of the bills of complaint
follows the recent decision of two
members of the utilities commission
that the 2-cent passenger rate ir
vogue in Kansas is compensatory. c
F. Foley, third member of the com
mission. filed a dissenting opinion an6
suggested a table of rates for various
railroads, above the 2-cent rate, which
in his opinion would give the rail
roads a square deal
The roads filing the bills of com
plant are. Atchison, Topeka & Santa
Fe. Union Pacific. Rock Island, st
Louis & San Francisco, st. Joseph &
Grand Island, Missouri, Kansas &
Texas, Missouri Pacific, Kansas City
& Northwestern, Kansas City South
ern. The charges set forth in the
complaints are practically the same
/