The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1885-05-01

IL Koohler, receiver OF the o. Il q. X. r.,
has pet'tiened. tho U 3 Circuit Judge, sit
ting In Equity, praying for ins structior ~
to whether or not the petitioner ought to
disregard tbs HonIt bill. ~ illegal, un.
constitutional and void; o, whsther or
not. and TO what an extent. ho must COM
ply with its provisions.
The document IN long and of . very Inc
tercsting nature, presenting the policy
aud practice Of tho railroA Ia very plain
light.
Ho presents the caste mary argument
ha the act impars the obligation Of con-
tracts and In suncsnstituiional. Also claims
that under divers State laws tbs corpora
ton ha the right 10 coilsct aud receive
such tells and frolRhts for transportation
OF psrssns and property. as IL should pre-
scribe. We bslievs an uutsnable argu-
nlsnt.
ITS allegation that tho TOAD already
loses money over certain parts OF It ~
carrying passengers ~ Its maximum. rate,
II already we'll knswn, and while II msy
touch the sympsthies OF some, will have
littIs weight Ia the learned J a sss mind.
fho sains may DO said Of thJ pJtitiJnsr's
argument in reference 10 tie recol ylils =
greater cDnponsation for Carrying n
sIoitsr than logger distances ia the same
iifsgt'Jn. HIS arSuin bnt, interesting but
weak, on thi, ,int. Lak1s ~ tue pfnci-
pd part of tue petition, tIis Ut or which
- III - both tho east aud ws.t side divI.
.i''ns of the Oregon and Z c4lif1raia raiirsAd
ma. touch poists sHuassi on ths banks
pf toe Wiilamstts rivsr walsh can be
roAsbsI by stssmboAEs s,Laar during ths
sntits or part OF the year. At these points
- wsil ~ at stations upon tie limos Of the
Oregon and California Tailrsad in close
proximity To ths' river poiIa, the rail
road some, iuIo competition with steam
beats, aud thus the rates OF transportation
uy tas former ars nIturAlly Z sbysrnsd by
the rates at which ths latter carry. Fro ni
such points % other competing points th Q
railroad 10 csnpsllsd . carry Lhrough out
tho year, or from tire 20 tins. &C lower
rates than IL would undertake . carry II
such competition ~ not exist. Inasmuch
As this section prohibits charging more for
shorter than a Longer distance, he at
tsmpts 10 show that n hs IL required 10
conform - this section he would either
loso all freight bot Sssb com petinS points
or he wsu.h have to iowsr ths rates Of
freight at Don compelI0g p.iuts that 10,
At inland stAtIsns.
A. An example. laHs ysar 3itg tons Of
| TsiKht wsrs alupne from I4iem TO Port.
iAnd. 81 miles, at ~ = ton. from places
north OF sA.on, - To 43 unite. ;rsm Port
land, the rata II $40, Hni 4l69 tons oi
freight were snipPed last year. II this
Law Is 20 be enforced tbs railroad would
sithsF have 70 raise tho SAlsin rate 70 - 20
or reduce the other to 500 II iI dId the
former the river " .did get all the buai
nsss, II the latter it woa 4 lose ts24 or
Ihia enc division, Again. 79I tons oi
freight wsre shippsd Trom Corvallis tc
Portland lat year. an1 j.4s9 tons froE
norts Cf thsrs, on Ihs Whole % wnicn the
psGitioaer claims tho roAi would los,
LARGELY by the act. rhis snsy present in.
Istesting reAilng mater tbs public
out We pie1ict vii nave liItls weight viii
the Court.
The principal Argument AgAInsl the la "
ls tse hr.t oas mentioned, and that hai
already been pretty we'll settled In ssvera
of the Eastern states la ths negative. RI
msve Is an important Que. hsnce We Civ
tho subsiAnes Of the railroads. aide Of th,
question, without extended comment.