Omaha daily bee., 1896-12-13
PROSPECT IS NOT PLEASING
John L, Webster Expresses His Opinion on
Rate Case Postponement,
PUTS THE HEARING OVER UNTIL MARCH
viii BE Some Time In April Before n
Decision Can he Reached, ana by
that Time the Legislature
VIII Have Adjourned.

John l.. Webater, who has been prom
inently identified with the proceedings in
the United states supreme court in case
which has been generally known az the max
imum rate case, being advisory counsel for
the state. was asked yesterday regarding
the resolution passed by the State Board Of
Transportation, in which the attorney gen
erll was directed to agree to postponement
of the case until after the holidays, when
the new administrator will be in power. The
resolution passed by the board was as fol-
lows:
Whereas, 1t Is for the best interest of
the people of this state that the maNmum
court of the United States should be speed
lily determined, and reaiznS the imposSi-
Diiity OF the present attorney general OF
this state to make Il trip to Washington
during his term of office to present the
same: and realizing that we have done
all in our power to have them determined
and that our successors will soon be in
charge, and believing that these cases
should have the personal attention of the
attorney general of the state. as wen as
that of the special council, he II, there
fore
Resolved, That the present attorney gen
cral be instructed TO arrange with counsel
for the several companies for as early a
hearing as possible considering all the cir
cumstanccs, after the holidays.
On its face TIE resolution appears to have
been passed November IS, but no informa-
ton regarding the action of the board in this
matter was made public until December TO-
and reliable information is at hand which
would seem to Indicate that the resolution
was not passed until several days after
tho date 1t bears on ito face.
MERELY A MATTER OF FORM.
M. Webster was asked what steps had
been taken tc have the caSs brought up for
4 hearing on the reargument before the term
of the present attorney general should have
expired
"On November 1S, last" replied Mr.. Web
ster Il prepared a motion to have the max
imum freight rate case set down for rear
gument in tho supreme court at as early
date as might be convenient 10 the court
and on November 10 formally served notice
upon the solicitor for the railway companies
that | would have said motion admitted to
the supreme court at Washington ON Mon
day, November 30. ! then caused the mo-
ton and notice to be printed and trans
mittei to the clerk Of the supreme court
for fling in the regular way. The submission
of suCh motions to the court is very much
mere matter Of form, and naturally would
have been particularly so in the prenen;
cases, by reason of the fact that the cases
had been advanced at a previous term Of the
court, had been once argued, and had been
restored to the docket by order OF the
court for a relrgument 1t seemed to me to
DO a very simple thirg to have an early date
fixed for the reargument CT the cases. ]
caused an arrangement to be made with a
lawyer friend in Washington City to submit
the motion to the court, which was accord
ingly done on Monday, November 80"
"Wcrc you consulted regarding the reso-
luton or the proposed stipulation before the
II solution was passed by the Board OF
Iransportation?'
The first l heard of the resolution was on
November 2S on that date received
letter from MIR Churchill, enclosing copy
of the resolutions Of the board and stlpu-
lation which had been entered into between
himself and MIR. WoolwOrth, as solicitor for
the railway companies. The resolution ap-
pears ON the face of 1t to nave been passed
on November IS and the stipulation purports
TO have been signed November Il. At the
date OF the stipulation, my notice to advance
the cases had been served, and at the date
Cf the receipt Of the letter OF the attorney
general the motion and notice we're on il!c
in the Office of the clerk OF the supreme court
al Washington.
STIPULATED OUT OF COURT.
''I do not know why the board passed the
resolution nor why the attorney general
entered into the stipulation referred to, as
| have had no conference with any OF the
parties touching the transaction, but do
know the effect produced by the resolution
and the stipulation. BY the terms OF the
stipulation, the motion to advance the cases
for reargument is to be submitted to the
court on the third Monday in January, 1897,
and If the court is not then In session, then
on the first Monday thereafter when the
court shall be in session. The third Mon
day in January would be the 18TH day OF the
month. Under that stipulation, coupled
with the resolution OF the board, 1t Will
be seen at once that my motion to have
the causes set for an immediate reargument
was practically stipulated out OF court.
The court could not very well sustain my
A. a Hot fnp no n naV IL
ment of the cases, when il appeared by the
stipulation and the resolution that the
cases should not be heard until after the
holidays and that the motion even should
not be presented to the court until the 18TH
day of January. by the terms of the stipu-
ation, the motion to advance is not to
be submitted until the 18th day of January.
Under the practice of that court no an
nOunCement Will made OF the ruling OF the
motion until the Monday following, which
viii be January %. OF course the date
fixed for the reargument would be at
later date, so as to .alnT time for the
parties to attend and be prepared for the
argument. II is also we'll known TO lawyers
having any business before that court, that
the court adjourns over the month OF
February, and resumes its sitting about
the lst of March. It, Is selG..Yident, there
fore, that the date for the reargument of
the cases could not be set down for an
earlier date than some time In March, and
an opinion could not be handed down in
the regular course of business until about
the LIST of April or later, 1t does not take
much OF a philosopher to discover that in
the meantime the Nebraska legislature Will
have transacted its business and adjourned.
you may have read the legend of the
sage OF Salamanca" said Mr. Webster in
conclusion. who by the waving his wand
could ring the bells OF Notre Dame. Omaha
has a sage"
Men for Cubn Get Marching Orders.
COLUMBUS. O., Dec. 2,-Ten men who