Omaha daily bee., 1888-03-18
s. P. MORSE & co.

the condition and efficacy of the statute law
of the United States, that must be applied in
this particular case.
1t was at one time claimed that the Union
Pacific had been discriminating against the
branches of the road, and had refused TO
afford them proper facilities for transporting
freight and persons from east to west. This
claim was so persistently made that it led to
the passage of the most important law that
has emanated from congress on the particu-
lar subject embraced in it. 1t was passed, it
seems to me, to meet questions almost iden-
tical with the ones here under consideration,
and in my judgement it does meet and pro-
yld &c 10 f f9r them most efettuany;
companies authorized to construct the afore-
said roads, or of any company engaged in
operating either of said roads, who shall re-
fuse to operate and use the road or telegraph
under his contract, or which he is engaged in
operating for all purposes Of communication,
travel and transportation, so far as the public
and the government are concerned, as one
continuous line, or shall refuse in such
operation and use, to afford and secure to
each of said roads equal advantages and facil-
tiles as to rates, time, or transportation,
without any discrimination of any kind in
favor of, or adverse to, the road or business
of any or either of said companies shall be
deemed guilty of a misdemeanor, and upon
conviction thereof, shall be fined in any sum
not exceeding 1000, and may be imprisoned
not less than six months.
To refuse to do things required by the law
above quoted constitutes an offense against
the United States, for which a person so re-
fusing may properly be indicted in the federal
court. If iniury results from a failure or
refusal of the Union Pacific railroad com
pany, or either of the other roads named,
to comply with the said law, the injured
party has a remedy in damages for the
wrongs done or injuries suffered. 1t will
be observed that if the officers or agents
engaged in operating the roads refuse to do
certain things required of them by the law,
they commit an offense against the United
States for which they may be severely pun
ished, but if the roads named, or any one of
them, neglect or refuse to do what is required
of them, then an injured or aggrieved party
has his remedy in court by the recovery Of
damages for the wrongs done.
This, it seems to me, ought to satisfy the
tastes and whims of the most fastidious OBJ
%jector, and to satisfy and convince every one
that the Union Pacific railroad company is
bound to receive freight and cars from the
Chicago, Burlington Il Quincy road when
rendered, and to transport the same over its
lines whenever the demands of the public
and the necessities of commerce seem TO re-
quire il, subject, of course, TO such reasona-
pie rules and regulations as may be necessary
in the premises The laws herelnOefore
described are special in their nature, but
they are general in their application to the
Union Pacific railroad, and the several
branches thereof.
But this is not all the law that affects
the parties to this controversy. The inter
state commerce law is deemed to be appli
cable to this controversy, and binds to
it's fullest extent both roads, the
officers, agents, employees and servants
] thereof. Section 3 of that law requires every
| COMMON carrier subject 10 the provisions
thereof, according to their respective powers
TO afford all reasonable, proper and equal fla
| cilities for the interchange of traffic between
their respective lines, and prohibits discrimi,
nations in rates and charges between sucl
lines. But this provision, it is submitted,
imposes no new or additional obligations Oh
either of these two roads.
The eighth section of the law provides O
remedy for an injured party, which remedS
may be sought against any common carrier
subject 10 its provisions where il 'shall do
cause TO be done, or permit 10 be done any ac'
or thing forbidden, or declared TO be unlaw
ful, by the terms thereof. Section 10 of thC
law is as follows:
"That any commJn carrier subject to the
provisions of this act, or, whenever sucl
common carrier is a corporation, any direc
tor or officer thereof, or any receiver
trustee, Jesse, agent, or person acting fl
or employed by such corporation, who
alone or with any other corporation, com
papy, person or party, shall wilfully d.
or cause 10 be done, or shall willingly SUI
fer or permit TO be done, any act prohibite,
or declared to be unlawful, or who shal
aid or abet therein, or shall willfully omi
or fail TO do any act, matter or thing II
this act required TO be done, or shall caus
or willingly suffer or permit any act, mat
ter, or thing so directed or required by thi