Idaho news. (Blackfoot, Idaho) 1887-1891, 1888-09-22
NOT A POLIcY MEMBER.
Attorney General Leese Deiliies His Position
Jotcards Nebraska Rdupoads.

bllDhluH ID tiAG tult tthL Vi Tic IID-
test filed by Attorney General Leese of
Nebraska against the recent action of the
state board of transportation whereby
the time of enforcing the ordered reduc-
tion in local freight rates was postponed
for more complete and thorough I'M
derstanding of the situation:
In the matter Of adjourning the case
now pending concerning the order of
the state board of transportation to the
railroad companies, / wish to file my
protest against any further continuance
OF this question, and will hereby state
my reasons:
The board has made an order after due
deliberation, and served it upon the
roads in this state requiring them to so
arrange their schedule of rates that the
yates in this state may be fixed in the
same proportion as in the states of Min
nesota, Illinois, Iowa and Takota, al
though our rates would be much higher
than in those states.
This case has been adjourned num-
Der of times All the railroad compa-
nies have been before the board, and on
the different occasions set for hearing
have made long arguments each time,
bnt have introduced no evidence. And
now after the roads have refused to in
! troduce any testimony to show cause
why they don't obey the order Of the
state board, and have interposed every
technicality known to the law, maiori-
ty OF the state board presents pocket
resolution to again adjourn The case I'M
/ til November u. 1888.
There Is no request by The railroad COM
| panies for an adjournment. The major
/ ity of the board voting on the adjourn
ment are not dissatisfied with the order
made by the board, although two of them
voted against ii when it was introduced
| July 8; but the motion to adjourn is for
| the alleged purpose of finding out the
cost of roads, and this is the only reason
assigned on the part of the majority of
| the board. What have these members
been doing for the past two years? Why
have they not made these inquiries be-
| fore?
Why do they not read the report of
the railroad commissioners where the
costs of all the roads are given under
oath, and have been printed and signed
by these same members? Why is it that
onr three secretaries have not gained
\ this information during the last two
years? What consideration has the
state received for the a23, 600 appropri-
ated to the board, if at this late day
neither of the secretaries nor the major
| ity of the board knows what it costs to
build railroad? The cost of the yalS-
Gus roads has been given TO the board,
and has been sworn to by the officers OF
| the roads, and they will swear to the
same facts and figures again. The res
olution does not ask for any iDforma-
ton relating TO the operating expenses,
| which is very necessary if the design is
10 fix rates, and if every question con-
tanned in the resolution should be prop
crly answered, the board would be in no
better condition to make rates than they
are to-day And if for any reason the
statements are not the identical Ian
guage used in the report, as in the reso.
luton, it would only have been necessa-
nv to ask few additional questions, and
they would have been cheerfully an.
swered by every road in the state, but
for the board itself to adjourn this case
at this time until the 18th of November
is beyond my comprehension.
il the majority of the board thought
s.,,ev had made a mistake in making the
original oracr, SGd des;. .,,, !, !, r,,,,,.,,.
from the position they had taken, 4
would have been their duty to have
stated that fact, aud dismissed the case
and commenced anew, but to adjourn
the case for the reason designated leads
me to believe that it is a subterfuge and
for some other object than the one
| stated.
The fact is apparent that the pending
| case is one that is absorbing the minds
| Of the people Of the state and they have
the right to know whether the state has
the authority TO fix rates on these rail-
roads, and especially so as the Union
| Pacific railway claims exemption from
the jurisdiction of our state laws be-
cause 1t has been incorporated by an act
\ of congress.
To adjourn this case until November
l2, without knowing how the state board
will hold on this question, is in itself a
gross violation of public duty and | can
only say that while | must submit to
the vote of the majority, / do so pro-
| testing with my own voice and vote, in
| the name of justice TO the people of this
state.
want it distinctly understood that l
am not n policy member of the board,
and in every case and on every ques-
ton | have acted on my own Judgment
and as my conscience dictated to be
right.
| do not want to injure the railroads
in this state realizing the fact that we
| all need the roads as much as the roads
need the people. Our interests are mu-
tual, but when l see gross violations of
our constitution and laws by the railroad
corporations, and an utter disregard of
the rights Of the people shown, | raise
voice against the same am willing
now. always have been. and always will
be, to allow every road such rates as viii
yield fair per cent on the value Of the
property, under the same rules Of econ
| omy as to operating expenses, as should
he used in the private affairs of the in
dividual stockholders. Every fair
minded man should be willing to con-
cede this, and do not believe that there
is man in this state that would object
to such rates. do now and always will
object to such rates MS will yield divi-
dend on fictitious capital, or what is
known as watered stock, and make this
explanation TO assure you that | only
ask right and justice, and submission 90
our constitution and laws by the railroad