Omaha daily bee., 1888-07-28
THE UNION PACIFIC'S RIGHTS.
'ome Of Thorn Assumed by General
Manager Kimbal.
he PULLMAN COACH MATTER.
nswer to a Complaint OF Discrimi-
national Lincoln Hotel Dam.
aged by tire-The Supreme
Court--Other News.
LINCOLN BUREAU OF THE OMAHA BEE, !
1929 p STREET, ,

mat Jhey nave rights that are not clearly de-
fined by statute enactments. 10 prove this
Acting Manager Kimball tells how the COM
pany downs the 3 cent per mile clause on
train No. 3. He answers j. II. Jacobson's
complaint In an ingenious manner, but
there is "a covert threat beneath his ver-
biage. The company's answer to the request
OF the state board OF transportation is as fol-
lows:
OMAHA, July 28.-To the Honorable Board
Of Observation-Disclosures 1 am ia re-
ceipt of a letter dated July ~, 1888, from Mr..
II. M. Waring, chief clerk, in regard to the
complaint of j. II. jacobson, and IN which a
request is made that l furnish authorities
upon the following propositions:
First-A through train consisting Of Pull
man coaches, being a regular train upon the
line of your road. is not any person entitled
TO ride thereon between points at which
such train stops, upon paying the maximum
of 3 cents per mile authorized by the
~statutei
Second-Are you authorized to charge the
full maximum fare upon a regular train and
then insist that all persons seeking to take
passage upon said train snail, in addition to
paying your charges for transportation, pay
TO some other person or company, an addi-
tional compensation.
The only train on the line of the
plant of Mr.. jacobson can pos,
sibly relate is train No. 8, running west from
Council Bluffs. 1t is true that this train
Soh = l. iib'th '"iS O'ht " bhc jan
dation of passengers. and that each person is
required to pay the usual Pullman rate for
berths or seats in addition to the railroad
fare. This train is run at a high rate of
speed, and by this means the time between
Omaha and the Pacific coast points has been
considerably reduced. 1t is intended for the
transportation of through passengers,
and in order to accommodate
four Pullman cars, destined respectively for
Los Angeles, Cal, Denver, Colo, and Port
land, Ore. BY the running Of Pullman cars
exclusively on such train no hardship Is
worked to the public, inasmuch as there are
running on the road of this company daily
trains, in each direction, which carry daily
coaches. There are now as many daily
trains of this character on the company's
with the exception Of a short period,
day coach. No day coach is carried
at the present time on train No. 3for the rea-
son that the addition OF such coach to the
other cars render the train so heavy that it
was impossible for it to make the schedule
time and the numerous connections of such
train with reasonable regularity. In order
to accommodate through travel to local points
in Nebraska No. 3 makes numerous stops;
in fact, more In proportion to the number of
miles run, and the time made, than any other
train of its class in the country. This COM
pany has not, as other roads have done
In respect to similar trains, refused to
carry local passengers on No. 3. AS a neces-
sary incident of such carriage, each person
who desires to take said train between local
points within the state of Nebraska is by
the Pullman company required to pay It's
usual rate for a berth or seat. 1t is, 1 pre-
sumo, to the local travel between points
within the state of Nebraska that the board
desires to call attention., since l suppose 1t is
conceded that the Nebraska maximum limit
act has no application to any other class Of
travel, on the ground that 1t has no extra ter
ritorial force, or because such a construction
would render 1T II regulation of Interstate
commerce., and therefore unconstitutional.
With this explanation of the train srevice
Of the company, | desire briefly to notice the
propositions submitted by the board.
No similar question has ever been sub
mitted to the courts, but the right to run
trains limited as to the character of passen-
gers, the nature of the service rendered and
the points at which stops are made is con-
coded, practically and iudicially.
L. ). q M. S. X. II. Co. VS.. Rosenweig (26
American ana English railroad cases, 1891
1t has also repeatedly been held that q rail-
road company may make such regulations
concerning the carriage of passengers on
freight trains as may be considered neces-
doubted right to refuse to carry passengers,
or Q particular class OF passen-
gers, on any train, provided reasonable
Accommodations are paovided for the public
generally. While it may be true that the
unlimited first-class railroad fare charged by
the Union Pacific railway company, added to
the Pullman between points in Nebraska, is
greater in some instances than 3 cents per
mile, yet the Union Pacific railway company
makes no greater charge than 8 cents per
mile for railroad transportation for riding on
train No. B, and the fact that there are no
day coaches on this train is announced by
posing to ride thereon. The charge made for
riding in the Pullman cars is no greater on
train No. 3 than on any other train on this
company's road which carries such cars and
the complaint could as justly be made Of
every train on this company's road which is
composed in part Of Pullman cars. The
charge is for Increased accommodations en-
tirely distinct from the charge made for
railroad transportation. 1t is confidently
believed that the spirit Of the maximum
limit act does not and was not
intended to cover such a case. BY that act
the charge allowed to be made by railroad
companies in all cases for railroad trauspor-
tation is 3 cents per mile, and does not pro-
hibit any other or further charge made by q
palace car company for increased accommo-
dations.
Any reduction of rates on train No. 8, SO as
to make the combined railroad and Pullman
fare less than 8 cents per mile would neces.
sarily have to be adopted as to all railroad
fares on all trains; otherwise there would be
discrimination against Pullman passenger,
ON other trains. 1t can hardly be expected
that this company could, for the sake Of fur
nishing the public with o better service
afford to reduce its passenger rates through
out the state Of Nebraska. Hence, II the
construction of the mileage limit act neces.
sarily contended for by Mr.. jacobson should
be adopted, this company would have either
to discontinue the running Of trair
No. 3 on its present time schedule
or refuse to carry local passenger:
in this state. Either of these courses
it is conceded, would be a greater inconven
fence and annoyance to the public than tn,
one complained of; and the company would
II so compelled, adopt either with great re
luctance. THOMAS L. KIMBALL,
Acting General Manager.
THE HOWARD HOUSE sCoRCuED.
At 1 o'clock this morning the Howard
house was discovered to be on fire and
timely alarm was given, or to-day a relic o
Lincoln's pioneer days would be in ashes
Az il was, however, the building was badl,
scorohed. but fully covered by insurance
Tho Kitchen was almost wholly consumed b,
the Are, and the whole building more or les
marked. The timely arrival Of tho fire com
panies saved the building and others adjoin
Ing, yet the water pressure was scarcely SUI
fcient for the demands, and would not hav
been had the fire been discovered hfteea
minutes later. The guests Of the house
Is usual on such occasions, were PAM
stricken when they became conscious tina
the house at which they We're stopping wa
in a blaze, and their antics were more anu.
ing than the fire was serious. But the regr
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