Omaha daily bee., 1888-04-29
S.P. MORSE eco
Can THE STATE FIX RATES..
Preparing Testimony in the Union
Pacifc's Injunction Case.
WHAT MR.. LEEsE HAS TO SAY
Church Howe Wants the Missouri Pa
cihc to Get Those Hastings Bonds
-LincoIn's Impure Water
Thugs Running Riot.
LINCOLN BUREAU OF THE OMAHA BEE,
1929 p STREET, J

LiNCOLN DlhEAU VI IL oMAHh DEE,
1929 p STREET,
LINCOLN, April 2S.
The state board OF transportation was
furnishing testimony yesterday in the %iniunc-
ton case brought by the Union Pacific rail
road company to restrain them from fixing
local rates on their various railroads in this
state. The testimony of the board as given
all goes to show that the board was not in
any manner whatever meddling with any in
ter-state rate. That they were simply ar
ranging to fix the rates on freight arising
nd terminating within the state and the
board claims the power and authority to fix
such rates on all railroads in Nebraska, the
Union Pacific road not excepted.
In talking with the attorney general to-day
that official said ''that there was nothing in
the injunction case" ''That there is no
power in the state that is higher than the
state itself" Further the attorney general
stated, shat he believed the action was
brought by Mr.. Poppleton to have u judicial
decision tina the Omaha Il Republican Val
nv rall road company was not a part of the
Bnion Pacific, 81 that when
sse government concluded to take
due the stockholders of the branch lines
would be armed by a decision Of the federal
court holding that the branch line was not
subject to the government lien on the Union
Pacific proper.n
Continuing MIR. Lease said "The su-
preme court of the United States has de-
cided that fixing rates by q railroad commits
sion was a part OF the police power OF the
state, andthat every person, every corpora
ton and everything within q state is subject
to the control of the state while there. They do
not except any person or thing not even the
president Of the United States or a federal
judge or q corporation that owes the govern
ment $50, 900, 600 that composes a part of u
lAht Of nkyar sIln mn IN milo ~
"There is another thing that might as well
be said, ~ continued the attorney general, and
that is 'if the Union Pacific road refuses to
abide by the laws OF the state then IL is pro-
hibited from exercising the right OF eminent
domain in the state. / have been looking up
these matters some and / understand that
the Union Pacific is using the right of way
the eminent domain Of the state-that is Of
g great way value; aside An f Property the OF g r,snt
OF right OF way used by the Union Pacific is
obtained through condemnation proceedings
of the Omaha & Republican Valley railroad,
giving to the Union Pacific in an indirect
manner that which it is prohibited from TAX
ing directly" Further said Mr.. Leese: ~
do not say positively that this is the case, but
1 am going To Omaha the first OF the week to
examine into the subject, and If l find that it
Is a fact that the Union Pacific Ia using lands
condemned by other companies Isshall file a
petition TO forfeit all such lands. Our lands
are free To all railroads IN our state under
our laws, but when a corporation claims TO
be greater than our laws, and higher than
the power OF cur state, and yet assumes
privileges granted 10 only those who submit
10 our laws, ! viii enter my protest and will
measure swords with any such corporation,
be ii the Union Pacific or any other. In the
case OF the Union Pacific aad its local rates
the board has only asked what is Just and
far and that to which the state is entitled,
and tue board will nave its rights If it OBJ
l~iterates the Union Pacific from the map OF
Nebraska"
TO DISSOLVE THE ISruScTIoN.
Slnrah powc was in the city yesterday
ana h.ec n tho district court q motion TO dis