The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-12-06
,dge Foley, Minority Mem
Der, Seeks Action in Vain.
OtiOn Made by Him Lost for
Want of Second.
'lILED TO MAKE A SHOWING
afIroads Did Not Justify In
crease Thru Evidence.
sse Has Been Closed More
Than Three Months.

The Kansas public utilities commits
~ has refused to pass on the freight
te case. Action in the case was
ught by Judge c. f. Foley miner
member of the commission. lie
fared a written motion to dismiss
sscese without prejudice at a meet
e.spf the entire mission Neither
afority members of the commission
-c6nded the motion and Chairman
,sAph L. Bristow declared the mo-
JR lost.
Efforts were made by Judge Foley
Make final disposition of the action
Which Kansas railroads sought
5rfzontal increase of 20 per cent in
trastate freight rates. In his for
a. motion the minority member of
g commission stated that in his
dlIment the railroads had failed to
axe a showing sufficient to justify
eincrease. Since the case had been
'oaed rearly three months, he asked
al the application for increased
st6s be dismissed without prejudice.
Action OF the majority members of
q commission ties the hands of the
|ilfoads in seeking further relief.
|hAlr action also enables the majority
efn bers and the state administration
ase the freight rate case as political
Institute fer the gas rate case which
az the political football Of the 1915
lTnpaign.
No explanation Made.
No explanation was made today
bncerning the failure of the majority
embers of the Commission to support
'ldee Foley's motion. 1t was merely
lated that the commission would
'robably issue a statement in the case
sofne time soon"-possibly in thirty
Avs. Chairman Bristow is not in
|opeka today. John NJ. Kinkel the
her majority member of the COM
ission, declined to discuss the case
Pday further than to say that no
'na3 action had been taken in the
|eE 1t rate controversy.
The action Of Judge Foley in check
e. the responsibility in the freight
tte. case to the majority members is
lefhird break in state utilities COM
hi4lion matters in the last two years.
|ldse Foley broke with the commits
|oM in dissenting opinion in the
a Hsas Natural Gas case decision of
leck mber, 1915. He refused to wear
heimajority yoke when the intrastate
|aSse1ger rate case was decided sew
"A months ago. In that case he also
|rHe a dissenting opinion. Now he
-asichecked the burden of the freight
lite case to his colleagues.
Herhaps the greatest criticism
gsitnst the state commission has been
IS Failure and even refusal to pass
.pop matters presented by public
r. uties and common carriers. De-
Sims in cases submitted have been
|itnheld months and even two and
hree years-some of them almost
eotten-without action by the $780,
.OOl a year commission.
Foley Doing His Best.
While Judge Foley today refused to
iscliss his motion. there is a feeling
p state house circles that his motion
|aH prompted by a sincere and ear
est desire to remove the commission
rom criticism and charges that it will
OF decide important cases promptly
md times decisions for use in politi-
al campaigns. Asked if he would
bake a statement in connection with
Iis motion, Judge Foley replied:
The motion will speak for itself.
t was declared not carried because
failed to secure a second. That is
II there is to it"
This is the formal motion which
Judge Foley presented to the commits
ion and which neither Chairman Jos
phi L. Bristow or John NJ. Kinkel
econded:
1T may be that the railways are
Untitled to an increase in interstate