Omaha daily bee., 1888-01-28
THE UNION PACIFlC'S RATES.
Lawyer whedon's Answer to the
Federal Jurisdiction Plea.
THE NEEDS OF NEBRASKA TRADE.
Secretary Mason Explains the Situa-
tion to the Interstate Commis-
sion-A Rich Fhid--The West
pbaIen Family
rrRoM THE BEES LINCOLN BuREAu.1

u
over the Union Pacific railroad, argued
a few days ago before Judge Dundy, Mr..
G. o. Whedon, the attorney for the
board OF transportation, has supple
mented his argument with a brief that
deals in very pointed facts in regard to
the question. Among other things the
brief recites that there is nothing in
the charter OF the Uuion Pacific which
reserves to the United States the exclu-
sive jurisdiction over the company or
emancipates it from state control.
There is in the charter no contract be-
tween the general government and the
corporation that il shall not be subject
to the legislation of the state. The
state is not seeking to interfere with
the reserved rights to the government,
but the brief holds that the state has
the power to regulate all its internal
commerce and that is all it is seeking.
A state is not sovereign without the
power to regulate its internal com
merce.
To the plea advanced that the act by
which the road was created reserves the
right for congress to reduce the rates
after certain earnings have been
reached, the brief says:
This is question of Importance and per-
manent concern to the state of Nebraska.
The cost of the construction of the road is
matter OF history, and if the allegations of
the bill that the regulation of rates and con-
troll of the road by the state board of trans
portation will bankrupt the company are
true, nothing but extortion, of which history
furnishes no parallel, will enable the COM
pany to reach the limit at which congress
may reduce the rates. Can it be
that the federal government has called into
existence private corporation, common
carrier, whose rates for the transportation of
persons and property it cannot regulate be-
cause it has voluntarily deprived itself of
this power, and that this act of deprivation
also prohibits the state from regulating the
rates! If it has accomplished these results,
then this complaint is over and above the
law; there is no power to prevent and punish
extortion or unjust discrimination. The rates
charged may be both unreasonable and un-
just, and there exists. no corrective power;
for the wrong there is no remedy.
The brief recites that the complain
ant, the railroad. has not shown itself
entitled to relief through permanent
injunction. 1t affirms that the state has
the right and power to- regulate rates
within the state citing the recent court
decision to that effect. 1t cites that the
state in the case is not seeking and does
not attempt to regulate commerce at all;
it Is only seeking to regulate the instru-
ment OF commerce. The principal
creditor of the company, tho United
States, says the brief makes no claim
that it's surety is in danger of being i'm
paired, as the attorneys of the road at
tempted to show the. court. Concluding
his argument Mr.. Whedon says:
The railway company does assert that if
the board of transportation is permitted to
proceed, it will be unable to pay the interest
upon it's funded and other debts. Its solici-
A,,I, f,,,N 10 -
somewhat remarkable; had it evinced it
earlier in its history the Thurman act" men,
toned In the b,ll might not have been ncces-
sary. The defendants disclam all power and
authority to regulate the rates between the
states; they disclaim any intention of at
tempting to regulate the same. But, acting
for the state, whose servants they are, they
do insist upon the authority and jurisdiction
not only to require the change in the embank-
Inent mentioned, but also to fix and regulate
rates within the state of Nebraska, and to
determine what are just and reasonable
rates.
CONCERNING CAR LOAD RATES.
Secretary Mason yesterday forwarded
the following communication from the
board OF transportation.
Tot. MCOoley, Chairman Interstate Com
mission, Washington, ID. C.-We urge the
continuance OF car load rates. Their aboli-
tion will destroy the jobbing interests of the
west Our distributing houses at Omaha,
Lincoln and Fremont are of great benefit to
the retail dealers of the state, atfording them
convenience and credit The present system
of differential rates builds up trade centers
within the state. Their destruction means
that Chicago, st. Louis and eastern cities
will monopolize and centralize our trade and
drain our sources.
NEBRASKA STATE BOARD OF TRANSPORTATION
o. p. Mason, Secretary.
DIAMOND RINGS IN PEACHES.
A gentleman furnishes the BEE the
following interesting bit of news COM
ing from Ord Valley county. A resident
of that place named Lindon purchased
at the grocers a can of peaches, and
and when the can was opened and dis
pensed around the board for the even
ing meal, n diamond ring was found in
the fruit. 1t was taken to the jewellers
Che next day to determine Its value. He
offered $50 for it. This is parallel to
the good luck of COgia Hassan of old.
just what Baltimore belle lost the ring
tn handling the fruit remains yet to be
determined.
STORM RETURNS.
Superintendent Lane yesterday re-
eeivse number of letters from county
Ouperintendents in answer to his circu-
bar. The superintendents from Pawnee
end jefferson counties report no loss of
life or suffering in their counties on the
part of teachers or pupils. Superin-
tendent Clarendon, of Dodge, gives
further particulars of the death of the
two little Westphalen girls. He says
the widow Westphalen lived on a
small farm with these two children, all
she had. The family has been pc
culiarly unfortunate. A few years ago
Peter Westphalen with his own family
and that Of his brother, moved to
Kansas. In the Indian massacre which
occurred there, the brother and an un-
married sister, with some other rela-
tives were killed. Peter fastened back
to Dodge county, but the trouble through
which he had passed, added to the loss
OF his relatives, afflicted his mind and
he committed suicide. Now the mother
is entirely alone.
When the storm came up, about 2
O'Clock in the afternoon, the older girl
applied to the teacher for permission to
go home, saying that her mother would
be afraid and would need their help.
She was allowed to go with her little
sister and both lost their lives in the
storm.
QUESTIONABLE PROCEEDINGS.
A business man in this city has been
prosecuted Of late by receiving through
the mails dunning letters pnrporting to