Omaha daily bee., 1883-01-04

ultIbs |
In taking leave of this subject my
connection with the military aft IRIS of
the state is brought to a close, and l
avail myself of the opportunity to
express my gratitude to the ofS GERS, of
nv personal staff as well rs to the
fl ,ers and enliste men of the guard
for their fidelity to duty and earnest
cooperation in every effort to increase
the efficiency Of u military service.
RAILROAD LEGISLATION.
Important questions Of state policy,
involving the regulation OF rates of
transportation over railroads, require
your careful consideration. The prob.
lem is comparatively a new one in
state and national affairs, and its so.
luton is attended with difficulties of a
complicated character. To determine
what legislation is necessary for the
purpose Of subjeoting railroad
corpora,ioni 10 proper legal control
without injy be to the people or the
railroads RI Aes a very thorough
knowledge &ilroad construction
and msnagen hand also o clear un.
derstandlng on ~ k,es complained
of by the pub bcious legisla-
ton, to accom- object, is de-
handed by tn aptial businers
men and fsrS he state. The
clamor of thoy are conducting
an indiscrimin upon railroads
for the obvious D Of advancing
their own peray political inter.
esrs should be ssly ignored. 1t
is as much your 10 prevent mis-
chievous iegisla$ bn this SUBJECT,
as it is to provid which Is based
upon exact prind justice.
In the state OF kSiis every phase
of the question ID EN- under con-
alteration during past twelve
years, and by nj of . board of
railroad commiiss eqditable rates
of transportation cen established
and many of th |bs complained
of corrected. Al hination OF the
laws of that state show that the
commissioners power to fix
maximum rates transportation
which shall be pr lie evidence of
ressouableness, q the burden of
the proof is on lroad corpora
tions whenever al Fupt is made by
them to establish lreasonableness
of higher rates, bsult is that the
schedules pxepsi y the iommis.
sioners ars ocepted by the
railroad Cd as conclusive.
The law, d les not prevent
them from 3 q higher rates
by going ID TITS and demon
atrating Il l~leness before a
Jury of til the report of
the comm l881, page 20,
the stateI hat "the right
to fix = mum rates for
the ira teight and pas.
senger, gither by direct
statuj " created by law,
is lily questioned. "
Thd snf6rce the Illinois act of
1s7g. to pra extos.isn and unjust
diEj pAinaAkE in t~4hattsr of Civ
in kpeclal rates and rebates has been
att jnded with great difficulties, but
then commissioners have made very
satisfactory progress in that direction.
l also invite your attention to the
laws. of Iowa, providing for the or.
GAM Gtion of aboard of railway com-
miss lers, and to their subsequent
repov and proceedings. The gen.
eral \ It IN that state have justified
the acy Legislature creating the
board.6 ,eport of the commits.
sioners, \ of Illinois and Iowa,
contain Is of valuable informa-
, ton bea Upon every feature of
, the questi( d may be studied with
profit by g are interested in &C.
curing impy legislation upon this
in our " ~
, While l lot assume that the
, commission km is the only prac-
ticable mel bf dealing with the
problem, I it as the best that
has yet been de- bed. My opinion is
: strengthened Il he fact that during
lily gaining In ErAfavor and has
beeneadopted b iiat tsenty states.
Believing tn! will be guided
+. by wise counsefty whatever action
you may TAXI Yin this important
subject, I pass toI.he consideration of
other topics.
STATE BOARD d EQUALIZATION.
Q A common mil apprehension exists
Q concerning the duties and powers of
q the state board of equalization In con-
r n~ection with the assessment of rail-
road property, and I therefore invite
q your attention to the act of 1881 on
this subject, wherein 1t Is provided
y that the president, secretary, SUPER
intendent or other principal officers
within this state, Of every railroad and
Q telegraph company shall list and re-.
! turn TO the auditor of public accounts
o for assessment and taxation, "the
n number of niles of such railroad and
telegraph line In each organized coun.
ty in the state, and the total number
n OF miles In the state, including the
l. rosdbed, right of way, and super
structures thereon, main and aide
t. tracks, depot buildings and depot
20 grounds, section and tool houses. roll.
ing stock and personal property nee
a, essary for the construction, repsirs.
1t or successful operation of such rail.
70 road and tele graph lines"
c. The tangible property above de-.
% scribed Is The only railroad property
that is subject to assessment by the
board.
a. Section l article * of the constitu,
as ton makes it the duty of the legisla.
y ture to provide for the assessment Of
g. the property and franchises Of indi
to viduals and corporations, but her,
Of has been no legislation to give effeo'
a. to that part of the constitution relatin,
e. to franchises, and the board has nd
authority to assess this species O
o. property.
OF No official duty which the seyera