The Red Cloud chief., 1897-01-22

mNcatlEltOn, tlPy SttI1 10 W. dDtDiuAtly
required In order that tho Institution may
eficictly carry on the work for which Il
was intended. and where the Withholding
OF such appropriations would cripple the
usefulness OF such institi 1ns.
Maximum Freight Law.
1t Is provided In section 4. OF article II.
of the constitution, that railways here
tofore constructed. or that may here
after be constructed In this state, are
hereby declared public highways. and
shall be free to all persons for the trans
p~ortaolon of their persons and property
thereon, under such regulations as may
be prescribed by law. and the Legislature
may. from time to time, pass such laws
establishing reasonable maximum rates
OF charges for the transportation OF pas
sengors and freight on the different rail-
roads In this state. The liability Of rail-
way corporations as common carriers
shall never be limited"
Section 7 provides: THE legislature
Shall pass laws TO correct abuses and
prevent unjust discrimination and extor-
tton In all charges of express. telegraph
and railroad companies In this state. and
enforce such law by adequate penalties
to the extent. II necessary for that pur-
pose. OF forfeiture Of their property and
franchises"
n mo constitutional power thu
conferred, efforts have been made from
ttme to time by the different legislatures
to crract laws to establish reasonable
maximum rates n to prevent discriml-
naaon.and abuses ito the patrons of such
roads. The legislature of 1898 enacted a
MAXIMUM freight rate law which was APP
Iroved by the governor. n thereby be-
came one of the laws OF the state. The
enforcement OF this Law was resisted by
different railway companies. and a suit
NnAtIftNlAA IN RAssAa NhA .-a. - $3.50.
portation from enforcing the provisions
OF the act. A trial In a federal district
court resulted adversely to the state. and
She last legislature made suitable pro-
visions for the prosecution Of n writ of
error from the Judgment of the district
court to the supreme court Of the United
States. II was presumed at that time
that the case could be taken o N appeal
or error TO the supreme court. and there
disposed of In a short time and the vahd-
tty OF the act In question be determined.
An argument of the case was had In the
supreme court In the year 1895. A re-
argument afterwards was ordered. This
hos not yet been done. For some rea son.
TO mo unknown, a stipulation was entered
into those representing the state
and the attorneys for the railroads. post
poning a hearing on a motion to advance
thc case for reargument until some time
during the present month. and II seems
now hardly reasonable to expect a final
decision on this important question until
some time during the spring months.
! am unable to lead myself to believe
that the delays occasloned In the final
hearing Of this case are at all necessary,
but. on the contrary. am strongly i'm
pressed Wit the conviction that the case.
being OF so much public Importance.
ought to have been finally disposed Of
long ere This. 1t seems to me that the
grave questions involved IN of sufficient
Importance to warrant an order of ad-
vancement by the tribunal hearing tho
case. and q decision at the earliest OPP
portuntty consistent with its proper con-
sidcratton by those who have TO pass
upon tho legal questions involved. 1t 10
30 be hoped that q inal and speedy hear
ing WEI DO obtained at an early date.
and thus enable thu people Of tho state
to ascertain what. II any. further o diff
ferent legislation may be required In or
der to carry out the intention Of the pro-
s:Sions of the constitution Just quoted.
Upsil tho case 10 finally determined. II
wou seem that nothing further in tho
way of enaOin@ a law establishing rea
sonable maximum freight charges by the
legislature can with safety be attempted.
Board OF Transportation.
Under the second constitutional pro-
vision, the legislature has established a
board Of transportation. giving to such
board power to prevent unjust discrim-
tnation, and to fix reasonable rates Tor
the carrying of frclghts. and In general
to carry out the provisions of the act
creating such board. A board thus es-
tabllshed. properly enforcing the law.
can serve a good purpose in preventing
unjust discrimination or exorbitant rates
for the carrying OF freights by the dif-
terent railroads OF the state. Its useful
ness depends very much on tts ability
TO enforce the laws. II the board has not
sufficient authority, as nov constituted,
to fulfil tho objects OF Its creation, tho
law should be amended so rs 20 give II
more extended powers. The necessity for
che maintenance OF an office charged
with theduties of enforcing all provisions
Of the law regulating railroad traffic IN
the state. is quite obvious to all.
The people OF the state. ! am satisfied,
rather than the commission as now Gre
ated. This they IRE unabl to accom-
plish until our fundamental law shall
be amended providing for these addi-
tional executive officers. A constitutional
amendment looking to mat end was sub.
mitted to rhe electors at the last genera
election. the adoption OF which Is quite
doubtful. Until such a commission car
be provided for by constitutional amend
mert. whatever relief hat may be OBJ
tanned. must be secured through 4 boar
OF transportation or railroad commission
composed Of executive officers alread,
created by the constitution. I am unabI,
90 see why. II an elective commission
may DO empowered to give to the peopl,
any relief from unjust discrimination OF
o~vercharges. why the same powers may
not be given to a commission composed
Of executive officers. as now existing un
der the constitution.
Many other states have commissi ion,
either created by the constitution OF
otherwise. whose duty II Is to regulat,
and control railroad. telegraph and ex
A=o~a ana No Tho utarL az AlAaa A-