Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-02-08

small a factor in the earnings of the rail
roads of this state as to demand very slight

small a factor in the earnings of the rail
roads of this state as to demand very slight
consideration.
All our gram marketed is sent abroad,
either in bulk or in tl,ur. Oar cattle find
a market in Chicago. Our coal is already
hauled at a rate That is as near the cost of
transportation as it can be handled. AL
most everything that is produced in this
state which does not find a home market,
is shipped to markets beyond the state
lines. Our lumber, hardware, groceries,
dry goods, in fact almost every article
purchased for use or consumption (not
produced on the FARM is shipped to us
from points in other states. 1t will there.
fore be observed that all of these articles
shipped into the state and shipped out of
the state, come under the clause of the
constitution of the United States giving
congress the exclusive power to regulate
commerce among the states"
No power can be conferred upon the
railroad commission to establish a tariff of
rates upon such commerce.. Then how
is the proposed act to benefit the people Of
the state? What benefits or blessings does
it confer upon the farmers of this state ?
As the commission cannot regulate in any
manner the tariff rates in which the people
of the state are especially interested, what
good can it accomplish, if the powers pro-
vided in this bill are given to it? The
commission may establish a tariff of rates
on shipments of property beginning and
endinggwithin the state, but such rates
must be reasonable.
1t is a we'll known fact that there is not
a railroad in this state that can, from its
earnings derived from the tariffs now in
force, earn sufficient to pay its operating
expenses; and other necessary expenses,
and pay a fair percentage upon the money
invested. 1t therefore follows that if lower
rates were established by the commission
on local business, such act would be set
aside by the court as unjust and unreason-
able.
The supreme court of the United States
Chicago, Milwaukee & st. Paul Railroad
company VS.. the State of Minnesota, 1874, u.
S. (book 80, page 97O), and in the case of
company, 154, U. s. (book S8, page lOl4).
That it is not within the power Of a state
legisl tture, either directly or indirectly,
through a commission, to establish arbitra.
rily and without regard to justice and right
a tariff of rates for such transportation
| ~ uoCS " 1ClulI " ~ Collndlf d
revenue sufficient, when fairly managed,
to pay the operating expenses thereof, re :
pairs and other proper expenses; to protect,
preserve and maintain the property, and
also a fair compensation for the use OF the
money invested in the property.
AS to the question of what rates the leg
i%slature had a right to prescribe even for
local business within the state, the case of
Ames VS.. the Union Pacific Railway COM
pany. case decided in November last by
Justice Brewer of the supreme court sitting
as a circuit judge in the state of Nebraska,
was cited to show that a reasonable rate to
be such must be a rate that if prescribed in
run would still be a reasonable rate; in
rendering that decision, found OF page 179
Of the Federal Reporter, issued Dec. 2 1884,
the court said:
There are certain matters which embar-
rass these cases, and render all computa-
tiOns more thai ordinarily difficult. One
is this: The various companies are doing
all interstate as well as a local business.
II these roads were wholly within the
state. and only local business done by them,
the computation would be much simplified,
n the effect of the reduction in rates
upon the property more easily disclosed.
But all Of these roads are interstate roads,
n a large portion Of their business is in
terstate business. Some of it is local bust
ness in other states than Nebraska. Now,
it will not DO to look simply at the gross
earnings, and, because the reduction therein
made by the enforcement of this statute
still leaves enough to pay reasonable COM
pensatiOn to the owners of the property,
uphold the act, because, if the legislature
OF Nebraska can put in force this tariff
for local business, the legislatures of other
states through which these roads run, and
the congress of the United States, may
make corresponding reductions in the rates
on all other business. local and inte' state.
and the aggregate OF such reductions might
entirely destroy all earning capacity from
the property.
Lee us examine the powers proposed to
be conferred under this bill. They are
many. No such arbitrary and despotlc
power is possessed by any prince. pUlell-
tate, sovereign or car, as IS proposed to be
conferred by this measure. With all due
reverence, l respectfully submit that such
the Universe; and l think the Supreme
Being would hesitate to accept or exercise
such power.
By the first section they are given general
supervision OF all the railroads in the state.
Each railroad shall twice a year make full
reports to this august body, OF the condi-
ton and safety OF their bridges. What do
And why should the company make such
report? They keep in their employ for
the inspection and examination of bridges,
men who forget more every night, while
they are sleeping about bridges and their
construction than these commissioners
would know if they lived a thousand years.
Again we find, that if in the opinion Of
these gentlemen, any bridge is not in good
order, the company must put it in such con-
dltlon as they direct, within ten d ,ys. No
nearing, no investigation is provided. The
opinion however formed is sufficient, and
it the company does not comply, these hon
Orable gentlemen are directed to stop and
prevent any tram from passing over such
bridge. Imagine these commissioners at
tempting to stop a train engaged in inter
state commerce from passing along through
the stated The first act of this kind would
land these honorable gentlemen behind the
bars.
The act further says that if any corpora
ton fails, in any respect, or in the slightest
particular to comply with the terms OF its
charter. or any law of the state, they shall
notify the company, and if they do not
then act, upon the construction of the char
ter and laws, as laid down by the commits
sioners, they shall be subject to heavy pen
alties. 1t has always been supposed that
to construe a charter or other law of the
state, was a judicial act, AID such pOwer