Omaha daily bee., 1893-08-20
NSweR TO THE BURllNGToNS PLtADlNGs
Specious Grounds on Which the Suit Was
Brought Meet Counter Claims.
SPECIFIC STATEMENTS FLATLY DENIED
Assertions of the Plaintiffs Oateyorioally
Considered and Carefully 0onfuted.
NEBRAsKvs ACTION IS CONSTITUTIONAL
Counsel for the Defense Uphold tho Work
of the Legislature and Maintain tho
States Right to Control Its
Creatures Conduct.

Creatures Conduct.
The State Board of Transportation filed
its answer in the federal court yesterday
afternoon in the cases brought by the Chi
caRo. Burlington & Quincy Railroad com.
pany against the board to restrain it from
carrying out the provisions of the maximum
rate law, and by the same company's stock
holders to restrain the officers and directors
of that company from taking any steps
toward the same end. Tho answers in the
two cases are In the main identical, rs tho
object sought to be ACCOMPLISHED in each is
the same, the defeat of the law on the
ground of uuconstitutionality
The answers are long documents, covering
thirty-four typewriter pages, besides six
pages of exhibits The defendant members
of the state board admit that they are men,
bers of the board as charged, but deny that
they have any personal or pecuniary interest
in the result of the suit. They assert that
they are the officers and agents of the state
of Nebraska, which is the real party in in
terest and that the suits should have been
brought against the state. They say that
the state does in way consent to to the
bringing of the action, and does not in any
way submit to the jurisdiction OF the court
to determine the matters in difference
charged.
Can he Settled In state Courts.
1t is set forth that under the XI amend
| ment to the constitution of the United
| States the courts of the United States are
| wholly without Jurisdiction to try hear and
! determine the several matters in difference
| set forth in the bill of complaint, and that
| under the constitutions of the United States
| and the state of Nebraska and the laws Of
! the latter state, the complainants have a
| full and adequate remedy at law for all mat
| tiers alleged aud set forth.
IL IS asserted that the defendant is
| domestic corporation of this state,
and became such by reason of its consoli-
dation with the Burlington g. Missouri
| River Railroad company in 1880; and by
| reason of such consolidation it assumed all
the liabilities, duties, responsibilities and
burdens of the said B. & M. Railroad COM
pany, and freely, voluntarily and or its own
accord submitted itself to the constitution
and laws of the state of Nebraska, accept
ing the privilege Of doing business in this
state under and subject to those provisions.
Ever since the lst day of January. $780, 1t
| became and now is a body corporate pursu-
ant to and in accordance with the laws Of
this state, and subject to all limitations ana
liabilities imposed upon domestic corpora.
tions and that it is not corporation organ
lied and existing under the laws of the
state of Illinois, nor of any other foreign
state, but it ever since has been and still is
amenable to the constitution and laws of the
state of Nebraska.
Growth of the Burlington Systcm
Then follows the history of the formation
of the complainant company; the chartering
in 1S49 by the state of Illinois of the Au.
rora Branch Railroad company, which was
reorganlzed in 1852 under the name of the
Chicago & Aurora Railroad company, and
that IN 1855 took the name of the Chicago,
Burlington & Quincy Railroad company II
thereafter obtained by purchase. consolida
tion or otherwise, the Central Military Tract
railroad, the Northern Cross railroad and
the Peoria & Oquawka railroad, completing
its line from Chicago to Quincy and Burling
ton. Then follows the story of the charter
, ing of the b. 81 M. by the Iowa legislature In
, | 1854, and the construction of seventy five
miles of road westward from Burlington, the
stoppage of work for five years, It's re
sumption by the complainant, and compile
} ton at point due cast of Plattsmouth IL
1870, the B. & M. having ever since continues
| a part of the Chicago, Burlington & Quinc,
| system. IucH Chlnc tHc VI
: the b. e. NJ in Nebraska in 1859
= and tho building of the road iron
S | Plattsmouth to n junction with the Union
t Pacific ut Kearney. There were also incor
4 porated in this state the Omaha Il South
I western railroad, tho Nebraska railroad, tn,
Il Lincoln e. Northwestern railroad and tn,
Atchison a. Nebraska railroad which ha
their respective tcrmIni inside the limits o
4 the state of Nebraska aud had been con
u structed and were operated within th'
n limits of the state of Nebraska, but that o
S or before the lst day of January, 1880, tn
+ | b. & NJ. iu Nebraska had become the lesse
. of these roads and so operated them, an
- they became part of the Chicago, Burlinl
ton & Quincy railroad system by virtue G
its consolidation with the B. IL M. in Ne
y braska By that consolidation, which too
II place under the laws of this state, the Ch
IL cago Burlington & Quincy becam
subject to the same restriction
j. and liabilities as were and ar
i, imposed by the laws OF the state upon othe
railroad companies. and became possessed {
such powers, franchises and immunities, an
liable to such especial restrictions an
P liabilities as the said respective corporation
III were within this state possessed of and sui
ie iect TO, under any laws of the state of M
y braska peculiarly applicable to them G
&c either of them at the time OF such consol
~ dation, as Is provided by section ia, chapt,
u. xvi, Of the laws of Nebraska.
" Claimed state Protection.
The defendant company has ever sine
pretended and claimed that II was aud Is
domestic corporation OF the state or M
n braska, within the meaning Of section
tv chapter ii OF the constitution OF the stat
he which provides that mo railroad corporate
In organized under the laws of any other stat
ck or of the United States and doing busine
he in this state, shall be entitled To exercise Il
right Of eminent domain or have power
acquire right of way or real estate for dep
or other uses, until II shall have become
a. botfy corporate pursuant 10 and In accor
= ance with the laws Of the state"
Ita suit lately pending In the suprsn