The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-11-13
WORKS BOTH WAYS
JUDGE BREWER PASSES UPON THE
MAXIMUM RATE Law.
Holds the Nebraska Law ConStitu-
tional-State Competent to Legis-
late for Union Pacific-But the Re-
duction is observation-disclosures Civ
en- Defe ndantS to Reopen.

OMAHA. Neb.. Nov 12-Justice Brew
er's decision on the Nebraska maximum
rate law was flied this morning. He holds
the law to be constitutional, but the In
junction preventing its being put In opera
ton is sustained on the grounds that the
reduction on rates is exhorbitaDt.
After reviewing the constitution as te
the constitutionality of the maxium rate
law, Judge Brewer Continues:
LAS for tie parole testimony which was
offered tending to show some verbal alter
ations in the bill after it had passed the
house of represent atives, ii Is enough
to say: First-1hat parole testimony
is not admissible TO impeach the
validity of an act which by the
record is shown to have been duly and
legally passed, and second, even II such
testimony were competent, the supposed
alterations were trftIug and not OF char
acter TO affect in any substantial manner
the scope and reach of the bill.
Il am, therefore clearly of the opinion
that this act passed the legislature and
received the approval of the governor In
due conformity To all substantial require
nents.
From this preliminary matter l turn
now to The consideration of various Ques-
lions deliberately discussed by counsel in
respect both to the scope and validity
Of this law and the jurisdiction of
this court. Many | shall notice but briefly.
for while | have given careful examlna-
iion TO all, to attempt anything like an
elaborat- discussion OF each would neces-
sadly prolong The opinion"
Justice Brewer then enters into a
len.Ihy and elaborate discussion of the
matter of the local freight business in Ne
braska, quoting from statistics prepared
by Secretary Dilworth of the boa I'd of
transportation and Com missioner UT of
the Omaha Commercial club. In conclu-
sion he says:
having regard to the present condition OF
affairs in this state. The present
Volume of business done over these
roads and my probability of "A
change In that volume. reduction
of 291z per cent in the rates for local
freight is unjust and unreasonable to
those who have invested their money in
these properties. l appreciate fully the
embarrassment and difficulties attending
an Investigation of this kind. / am re-
luctant. rs every judge should be, to inter
fere with the deliberate judgment of the
legislature. l have taken much time to
consider This case in all its relations, and
have come. though reluctantly, to the con-
ciueion | have stated and am, therefore,
the plaintiffs staying the enforcement of
this tariff upon the companies named in
the bills. 1t may be said that even If furn-
ishlpg no reasonable remuneration today
the result might be different under an in
crease of business. That of course, is pos
sble; and il may be that, the volume of
business increases, the time may come
when the rates fixed by this measure will
he reasonable and just. So there should
be entered as a proyiso 20 the DEGREES that
leave is reserved to the defendant ut any
time that they are SO advised, TO move the
court for II re-lDyestIgation of the question
of The reasona bleness of These rates.
Before closing. Judge Dundy stated that
while lie coDcurred in the decision, there
were several points upon which he dissent
ed, chief among which was that the state
had 10 right TO fix rates Tor the Union Pa
Cfic, aud LATER h. would reduce his opin-
ion TO writing. The present law Was TO
have gone into effect last August.
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