The representative. [volume] (St. Paul, Minn.) 1893-1901, 1894-11-21
NEBRASKA RATE LAW.
JUDGE BREWER DECLARES TT
UNCONSTITUTIONAL.
Legislatures no Longer Able to Fix
Rates Absolutely.

OMAHA, Neb., Nov. 1.-THE practical
defeat of the Nebraska maximum rate law
by the federal court Monday was severe
dow to the anti-monopolists of this state.
II was the result of years of hard work
by that element of Nebraska and the blow
delivered by Judge Brewer has done more
10 discourage the opposition to railroad
greed and corporation control in the state
than anything that has occurred in this
part OF the country for a long time. The
decision grants the conStitutionality of the
law in general-that is, admits that the
state may prescribe rates for common
carriers-but declares the scope exercised
IN this instance was too sweeping and
that the demands of the legislature were
TOO severe on the corporations. The en-
tire fabric of which the measure was con-
structed after years of effort by the best
elements of all parties thus seems to be
destroyed
The anti-monopoly factions of Nebraska
were inclined to think that thew had
champion in Judge Brewer and were salts
ned that he would at least compel the
roads to do business under the law for a
while until 1t was demonstrated that it
would entail great hardship. His rulings
along this line had prepared his admirers
for this sort of a thing, and his position
in this matter was great disappointment
to many.
The history of the fight for the measure
that was so effectively killed by this de-
cision presents a unique array of facts
of Orlr
of years in which some bitter battles have
been fought by the contending forces on
both sides. Not until four years ago did
the case look particularly hopeful for those
in favor of restricting the common car
riers and compelling them to adjust their
tariffs with view to the requirements
of the situation and not the theory
that they should be as high as the bust
ness would bear
While Gov. Boyd was at the head of
state affairs the legislature passed a bill
in many respects similar to the Newberry
measure except that it was arranged by
those not familiar with railroad affairs
and many of it's champions did not be-
lieve it could stand the tests that they
knew it would be subjected to by the rail-
road managers after it had become a law
tically supported as it might have been
But it passed the legislature and was We
toed by Boyd. Again it passed over the
veto in the house, and the railroads con-
centrated all their energies on it's defeat
in the senate.
Tom Majors, whom the people repudiat-
ed for governor last week. was lieutenant
governor at the time and was perniciously
active in the defeat of the measure when
1t was before the senate. incidentally it
might be mentioned that this same actfvi-
ty then so effective in preventing the bill
becoming a law was equally a factor in
the attempt to make Majors the governor
OF this state, whether the people so willed
or not. Majors as presiding officer exer-
cised immense influence in the final strug-
gle, but it was finally evident that the
vote would be close and the railroad men
then executed coup d'etat by kidnaD-
ing Senator Taylor. Taylor was waver-
ing and the railroad men were afraid
that he would cast the decisive vote in
favor of the BILL since he was a Populist
TAYLOR WAS KIDNAPPED.
To destrop the uncertainty in the situa-
ton a Burlington engine was attached to
a special train and Taylor was taken
aboard and run out of the state. Taylor
had told conflicting stories about the rart
he played in the deal, once claiming that
he was drugged and again that he was
given $1,000 by the railroad lobby to leave
the country. He never returned to the
state and the matter was never investi-
gated. The only relic of the affair exists
in a campaign document showing that the
voucher for the remainder of Taylors sal
AIRY swas presented and paid to one Walt
Seely, then acting as the ma ior's private
secretary. 1t openly charged that the
two worthless shared the plumber, knowing
we'll that Taylor would never dare return
to the state make complaint.
This affair SO incensed the anti-railroad
crowd that they became radically opposed
to anything resembling a railroad and at
the following session CAST Year, passed the
measure just declared unconstitutional by
Judge Brewer. The fight was equally bit
ter, but the various members were watched
closely by their constituents, and, warned
by the fate of Taylor, they reigiously
avoided the railroad oil room and the bill
became law by an overwhelming vote.
But the railroads were not to be de-
fea ted so easily They at once raised the
cry that their property would be rendered
worthless if they were compelled to con-
form to the provisions of the measure, and
when it about to go into effect went
into the federal court and secured its sus-
pension on the theory that the federal con-
stitution guaranteed the rights of property,
and since the maximum rate bill would
practically confscate the railroads in Ne
braska it was matter that should be
regulated by the federal court.
The railroad men Of the state feel they
have won great victory in The decision
and are boasting of the fact. Better than
all other considerations they think the
principle has been established that the leg
islature must submit the schedule of all
bills of this character in the future to the
courts before they are enacted into law,
and this, they think, assures them more
than protection. But the approaching ses-
sion of the legislature will have something
to say about this and the prospects
that a red hot fight along the old lines will
be feature of the session in which "venal
vampires, corporation cormorants, and po-
litical pickpockets," in the vernacular of
the Populists Of the West, will play
prominent part.
l. SEEKS PURER POLITICS.,