The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-12-21
SIX CENT RATE
GIVEN STANDING
Decision by Supreme Court of
Missouri Will Have far \
Reaching Influ-
ence. q
HAS FULL AUTHORIZE
Held That Public Service comn,is-
sion Has Right to Set Aside
Five Cont Faro Con
HAS FULL AUTHORIZE

. IANA9oN S41 +, 4hO.t DCC. 6A.
In far-reaching decision the su-
commission Of Missouri had full au-
thority to set aside the 5-cent-fare
contract between the city of St Louis
and the United Railways company
and to permit that street car COM
pany to charge a Scent fare.
The courts dec Eon. which was
written by Judge A. NJ. Woodson.
holds that the legislature, under the
police power of the state. had au-
thority to authorize the public service
commission to increase street car
fares Judges Graves, Walker and
Faris concurred. Judge Bond wrote
a separate concurring opinion, in
which Judges Faris, Blair and Will
liams concurred.
The courts decision wipes out the
last vestige of municipal control over
utilities and makes the public serv-
ice commission supreme, not only in
the matter Of fares and charges, but
in regulation as well. This is appii-
cable to every city in MfEsouff
Under the decision municipality
may stipulate with a street car COM
pany that it shall charge certain
fare as condition to occupying its
streets, but the public service COM
mission may step in the next day and
set aside the fare and grant higher
one.
Last February the United Rail-
ways, during the tendency of a strike
of employees, applied to the commits
sion for authority to increase it's fares
to six cents, giving, among other rea-
sons, that this was the only method
by which it could obtain funds with
which to increase the wages of en-
ployes.
City Counselor Daues opposed the
fare increase upon the ground the
commission was without authority to
interfere with the scent fare con-
tract, and upon the further ground
that the city had planned relief for
the company by ordinance permitting
it to reorganize and cutting off the
mill tax, after accumulated taxes
were paid and some of it's other OBJ
legations.
The commission made an order put
ting into effect the Scent fare June
1. from which an appeal was taken to
the circuit court of Cole county by
Daues for a review Of the decision.
He appealed the case on the theory
alone that the commission lacked
authority under section 20 Of article
12 of the constitution to abrogate the
scent fare and grant 6-cent fare.
Judge John G.. Slate of the Cole
county circuit court set aside the COM
missions order and ordered the scent
fare reinstated From the decision
the company appealed to the supreme
court.
From Judge Henry Bond chief JUS
tice Of the supreme court, an order
was obtained by company attorneys,
pending the determination of the
case. permitting the company to
charge six cents, providing it put the
extra penny in escrow to be refunded
in the event the supreme courts de-
cision was adverse to the commits
sion's ruling.
He ordered the company to give
each passenger a receipt for the ex-
ira cent, these to be redeemed in cash
if the decision proved adverse TO Ahe
company.
The Kansas City Street hallway
company also was granted a 6-cent
fare and that case virtually is de-
cided by the United Railways decis-
ion. That case, too. was based
mission to set aside the scent