Omaha daily bee., 1885-03-02
NO COMMISSION.

election at which the present legislature
was elected, the state senate has seen fit
to pass q bill that creates an advisory
railroad commission. Having defeated
every rational and honest effort to re-
deem the pledges made to the people be-
fore the election that relief should BE-
given to the producers and other patrons
of railroads by the enactment of laws to
reduce tho extortionate tolls that are i'm.
posed upon them, it Is now attempted to
add insult to injury by giving the people
a stone when they have asked for bread
As If 1t were not outrageous enough to
violate solemn pledges and deliberately
refuse to carry out the mandate Of the
constitution which makes it the
duty of the legislature to
enact wholesome baws to prevent
excessive exactions by railroads and
other public carriers, lucrative positions
are sought to be created for tome of the
railroad henchmen at the expense of the
tax payers. A railroad commission made
up of three state officers-the governor,
secretary of state, and auditor-and three
secretaries to be appointed by the gov
ernor, each of whom Is to draw 50, 900 q
year, is provided for In this eenste bill.
This commission is to have no power to
regulate railroads or fix rates, but merely
may, when complaint Is made by ship
pers, give its advice to the RAILROAD man
sgera, and it may, in extreme cases., even
go go far as to make o mild remonstrsnce.
If the railroad msgnate, see fit to pay
any attention to the commission, as they
probably would in some sample cases
made by the railway cappers for
the purpose of hoodwinking the
people, we'll and good. If the railroad
managers trump up some ingenious ok
cuse, or fatty refuse to redress wrongs,
this bogus commission will be powerless
to remedy the grievance, except 80 far as
it may assist the complainant In bringing
suit in the courts, which he already hes q
right to do without a railroad commit
sion. Beyond this the only useful thing
the commission may peform Is to collect
railroad statistics. This duty, however,
already devoives upon the auditor by the
constitution, which requires every railroad
to report to him Its earnings, mileage,
extensions, and so OIL. Thers are also
laws already OF the statute books requ!r-
ing railroads to furnish very full reports
of their transactions to the secretary of
state and auditor. The Legislature of 1881
enacted a law, chapter 67 Of the
session laws of 1881, which
requires railroad companies doing bust
ness In Nebraska to establish
and maintain public offices In the state,
and make report to the auditor concern
Ing their operations. This law has never
been complied With, simply because our
attorney general and prosecuting attor-
neys have not done their duty, and be-
caure the governor has not executed the
law as he was in duty bound to do. But
even granting that there is some benefit
to be derived from the collection of rail-
road statistics, there certainly is no use
of taxing the people for a powerful COM
mission with three secretaries. This
board has no more use for thres secre-
taries than a cat has tor three tails.
What then is the object Of the COM
m'sslon2 How can any honorable repre-
tentative stultify himself by recording
his vote in favor of such a
shame The only power under our
constitution to regulate railways is vested
In the legislature, and the only legal
remedy for existing abuses is regulation
by law. If any me nber of the house, be.
fore whom this commissioner bill may
come up for final decision, desires to in
form himself as to his duty let him read
carefully article IL OF the constitution
entitled "Rsllroad Corporations" Sec
ton 4 of that article reads as follows:
'Railways heretofore constructed, or that
may hereafter be constructed in this state, are
hereby declared public highways, and shall
be free to all persons for the transportation of
their persons and property thereon under such
regulations rs may be prescribed by law. And
the legislature may from time to time pass
laws establishing reasonable maximum rates
of charges for the transportation of passeu.
gers and freights on the different railroads in
this state"
Here then is the plain mandate of the
constitution, which expressly requires all
regulations of railroads to be prescribed
by law and not by an order from a rail.
road commission, Furthermore, the legis-
lature is authorized and required to pass
laws establishing maximum rates Of
charges. They are not authorized to dele,
gate that power to anybody else. In nc
case can the legislature delegate the
function which is exclusively vested in Il
to other coordinate branches of the gov
eminent, any more than the suprem,
court could delegate Its judicial suthorit,
to the governor, the secretary of state, O.
the legislature. Another and more posi-
tive mandate with regard to railway regu
latlon is contained In section 7 of tn,
railroad artlcle- which raads n . folIow,