Omaha daily bee., 1898-03-08
ATTORNEYS HAVE LITTLE TO SAY.
Ncasrs, webster and wOolwOrth
Chnry with Thcir Comment.

Ncasrs, webster and woolwOrth
Chnry with Their Comment.
John l.. Webster expressed neither sur
prise nor chagrin when he was informed of
the decision of the supreme court. He said
that he had opposed the contention that the
law involved confiscation of property under
article xiv of the constitution, but aside from
that he had nothing to say beyond the state
nent that the supreme court had evidently
disagreed with him.
Judge Woolworth who represented the rail-
roads in all of the trials OF the maximum
rate case, was at his home when apprised of
the decision OF the United States supreme
court. I'm speaking of the matter hc said:
without knowing definitely what points the
court considered in passing upoo the case, l
can't at this time say much that would be
| Of interest regarding the issues, as all Of
the facts have been published in the papers.
There wac never any doubt in my mind
about the result of the maximum rate case
| in the supreme court, so far as the first
| proposition was concerned. That was that
| the rates allowed by the statutes would not
| pay the railroads for doing business. There
was another proposition that was OF more
general interest and that was the considera-
| tion of by what rule OF legislation the rates
could be measured.
"On the argument, Bryan insisted that
the railroads were entitled to a fair rate
OF Interest on what 1t would cost to reproduce
the property at the present time. He also
| insisted that the proof showed that the rail-
| road property In this state could be re-
produced at 1000 per mile. On that basis
| he held that the railroad companies were
| entitled to reasonable compensation.
'"rhe court undoubtedly rejected the ques-
tion OF declaring what a reasonable maximum
rate would be. The plaintiff in these cases
| in the circuit court who received DEGREES
| insisted that you must take what the
t. in tha mn lxnt M hat
| that might be the price at which the stock
would sell on the market, or 1t might be
| the value OF the whole stock issued, to-
gether with the amount of the fixed charges"
EXTRA SESSION TALK.
There was unfeigned satisfaction In local
| railroad circles during the afternoon when
| the news that the United States supreme
| court had rendered decision destroying the
| effectiveness of the Nebraska max
mum rate law became known.
| The decision was not altogether unex-
pected, so many rumors OF decision in
| from Washington during the last nine
| months Some railroaders express them
selves as fearful that the decision may re-
| suit in the calling Of an extra session of the
| legislature for the purpose of enacting some
| rate laws that could stand the test of the
| courts.
| Among attorneys and railroaders alike the
probability OF an extra session Of the legis-
lature was earnestly discussed. One promi-
| nent politician, a republican attorney, said:
| IAN extra session is bound to result from
| this decision. The state government has
fallen down IN this fight against the rail-
roads, but 1t must Of necessity do something
further to place itself in fighting trim for the
| fall campaign. Governor Holcomb Is desir-
GUS of doing something to fost himself to
the 'front.' and this will give him the longed-
| for opportunity. l predict that an extra ses-
| sion OF the legislature will be called within
| sixty days"
This opinion. though hinted at In railroad /
| headquarters, was not generally accepted
| there as the probable outcome of the lost fight
against the transportaticu companies. Al
both the Union Pacific and the b. & NJ.
| headquarters 1t was the common belief that
| an extra session at this season OF the year
| to attempt any anti-rallcoad legislation
would be impraetieable and would not be at
| tempted. One prominent railroad officiai
said: Our people are all too well satisfied
! Just now TO take up fight against the rail-
| roads The farmers are getting good prices
for their grain and live stock and are not
going to leave their plowlrg to go to Lin
| coin to start another fight against the raiI-
| roads thst would turn out just about the
| same way this one has Terminated II II
we're In season of general depression It
might be diffeceCt. but as 1t is now | doubt
| very mucc II any extra session OF the legis,
lature Is called and II 1t is its mission is nc.
apt to meet with success"
NOT READY To- COMMENT.
Most or the railroad chcials expressed q
desire to read the text of the opinion of th.o
court before commenting thereupon. This
Id what General Manager Holdrege and As
sistant General Solicitor Kelby OF the b. &
NJ both said when asked for an expression
OF opinion. General Freight Agent Crosby
of the came road said II the supreme I0ust