Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-01-30
THE VIRGINIA CITY RAILROAD COM
MITTEE EARNESTLY AT WORK.


MITTEE EARNESTLY AT WORK.
From report in last evening S Chronicle OF
the meeting on Tuesday night of the Railroad
Committee we reproduce the following highly
interesting item: The opinion of counsel
being desired, there was
HUNT AFTER LAWYERS.
The Secretary said that he could find Judge
Seely in few minutes. He went out and
returned with Mr.. Woodsurn, as Mr.. Seely
could not be found, Judge Lewis, of the
firm of Lewis & Deal was also sent for, and
came in a few moments afterwards
Mr.. Gllig wished to know, from the legal
gentlemen, whether it WAS possible to reach
the Central Pacific Railroad so as to prevent
that corporation from carrying Nevada freights
over the mountains to California and back
again and charging through and return
freights.
Messrs Wosdburn and Lewis answered
that they would not like to give decided
opinion upon the matter without having first
looked over the authorities. Mr. Woodburn
said, however, that in the Louisiana carrier
case the Supreme Court of the United State
had decided that Congress had the right to
regulate inter State commerce, but when
Congress neglects to act, the respective States
have right to regulate the matter In this
particular case Congress had failed to act, so
that the State of Nevada, in his opinion, had
the right to act for itself, regarding fares and
freights and forbidding determinations.
Judge Lewis was inclined to think that the
so-called Wisconsin Granger law would answer
the wants of the people of Nevada, 1t was
law which had been passed upon by the Su-
preme Court of the United States and its
validity was therefore beyond question. He
had not recently examined the law, however,
and there might be some features which would
rander it unavailable in Nevada, but he did
not think there were any
Mr.. Mills asked whether the people could
not devise a remedy for determinations
Judge Lewis replied that there WAS already
= remedy provided by the common law
common carrier can not charge one ,nan more
tnan another The only thing the Legislature
would have to do would be to impose "a penalty
for violation of the law. AS the law now
stood if the railroad Disseminated against
any merchant he could Sue the company for
damages.
On motion of Mr. GiiIg Messrs Seeiy &
Noodburn and Lewis q Deal were requested |
10 prepare written opinion on the subject |
and present it to the committee next Tues
DAY evening.
THE CHIEF DIFFICULTY
Judge Lewis said the only difficulty in the |
task be- re them was to determine whether
tae 81 Iad power to protect its citizens
s,3aU xactions of the Central Pacific
roa the local roads, there was no
AZ a.. the States power.
~thy-Why would it not be we'll.
We two bills drawn--one to regu-
late the local roads, and the other to apply to
the Central Pacific9
Judge Lewis-It would be a good idea to
adopt that course
1t was thereupon agreed that the attorneys
should prepare two bills, and submit them to
the COMMITTEE next Tuesday evening.
A WRITTEN OPINION DESIRED.
To avoid the possibility of any misundsr-
standing, the counsel were requested to fur
nish the Committee, as early possible, with
a written answer to the the following:
Q,testion-Can the State of Nevada en-
act a law that will prevent any railroad COM
pany whose line passes through and beyond
this State from charging, for freight con-
signed To any point on such road, within this
State, higher rate than is charged by the
sane company for transporting the same class
Of freight, from the same shipping point,
through and beyond this S.atel
''Or, to be more specifc-Can the Central
Pacific Company be prevented by law of this
State from charging any citizen of Nevada
for goods shipped from New York, Chicago
II any other Eastern city, to any point on its q
cad in this State, a higher rate than is =
charged for transporting the same class and
,Iantity Of goods through the State and
'cross the Sierra Nevada mountains to Sacra-
nento, CalF" d
CATH0I IT FAIR AND FESTIVAL,