Jasper County Democrat, Volume 10, Number 24, Rensselaer, Jasper County, 14 September 1907 — TWO-CENT LAW IS VOID [ARTICLE]

TWO-CENT LAW IS VOID

So Say Two Judges of the Act Enacted by Pennsylvania So|ons. • * REASONS FOR THEIR DECISION One Is That the Law Is Violative of a Contract. Will Now Co to the Higher CourtJudge Lochrcn Jolts the Kailway in the Minnesota Hate Case. Philadelphia, Sept. 11.—The com* moo pleas court here. Judges Wilson and Oudcnried sitting, luis declared unconstitutional the recently enacted 2-eent railway passenger fare law and the 1 state will at once appeal the case to the state supreme court. The decision of the court takes up 110 typewritten pages. After reviewing its limitations in the case and declaring the “Pennsylvania Railroad company is not vested with any immunityfrom the exercise of the power of the legislature to regulate rates,” the court takes up the contention of the company that the 2-cent rate is unreasonable, sustains the contention and grants an injunction.

—r- Violative of a Contract The reasons upon w'hich the judgment is based are as follows: “As a regulation by the legislature of the rates of fare for passengers * * * the act violates an existing contract between the plaintiff and the commonwealth nnd so contravenes articles 1, section 10. of the constitution oif the United States. As a regulation of the plaintiff’s intrastate passenger business In Its entirety the act under existing circumstances is unreasonable and confiscatory, and * * * violates amendment fourteen of the constitutions of the United States. Two More Violations.

“Since the taking from the plaintiff of the profitable use of Its property invested in the intrastate passenger business may be regarded as a taking quo ad hoc of that property for public purposes, and since no just compensation is made therefor, the act violates article 1. section 10, of the constitution of Pennsylvania. Viewed.as an alteration or revocation of the plaintiff's franchise to establish and enforce over the lines of roads that are now operated by it such rates as, -within the maximum fixed by the second proviso of section 21 of the act of April 18, 1840, its president and directors may deem reasonable, the act violates article 18, section 10. of the constitution of Pennsylvania,” because It makes plaintiff’s business unnnmeratlvea. • - RATE FIGHT Ilf MINNESOTA Judge liochren Makes the Rail Way Attorneys Sit Up, Sudden Like. St Paul, Sept 11.—lo the hearing

before Judge Lochrcn, In the United States district court. E. S. Robert, attorney for the Northern .Pacific Railway company, asked for leave to file an amended petition in the rate fight now being made by the railroads of Minnesota against the 2-cent passenger rate and a reduced freight rate order by the state legislature. Robert a number of authorities to show that the regulation of commerce and transportation rested wholly with congress. Judge Lochrcn heard Robert through and then fftformed him that he had no case, saying: “In my mind most of thecases which have been cited on behalf of the complaints are distinguishable from the case at the bar. It is further a question in the mind of the court whether the Interference here complained of is sufficiently direct to make the order and the acts Invalid. I shall want this point made more sufficiently clear than it has been.” This was a stunning blow to the. attorneys for the railroads and the result was a conference and a change of tactics and the request to file an amended petition which was granted. The amended petition alleges confiscation.

KANSAS IS TO BE IGNORED W That Is to Say So Far as Concerns Her Rate Legislation. Chicago. Sept. 11.—At a conference h Id at Chicago the Kansas railroads deckled to ignore the railroad commission of that state and refuse to obey Its order requiring a 2-een.t passengef rate. The roads were represented by their general counsel and their executive officers in charge of traffic. The refusal is based upon the alleged unfairness of the situation brought about by the action of the commission, which requires 2-cent fares beginning Oct. 5. The railroads Insist that the actiou of the commission is a political move In the interest of the commission and not of flie people. They declared that they had appealed to the sense of justice of the commission without avail and that If a 2-cent rate is to come in Kansas it must come by compulsion pf law. — -*r?-r . :■ “-a-r- - -'■■■----- I State Railway Board Enjoined. Lincoln. Neb., Sept. 11.—The Burlington. the North western and the Union Pacific railways have secured au Injunction in the federal court to prevent the staterailwnycommission from reducing the freight rates on grain, and will contest the authority of the commission in the matter,