Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-03-24

8. That with the rule of Changing
conditions" held by the court as the
only hint of guidance in framing rea-
sonable maximum rates it becomes
impossible to frame any fixed schedule
to control rates. Conditions" are all
the time changing. The court evident
ly holds that rates must change with
them to be reasonable. But legisla-
tive enactment cannot be changed
continually with conditions and there
fore any legislation has an inherent
fatal defect.
This summary Of the situation is not
at all hopeful for the producers of
Nebraska who have struggled for
twenty years to put in practice the
provision of the Nebraska constitution
which declares that the people Of this
state have the right through their rep
resentatives to control rates of trans
portation within the state. It is not
hopeful, but it is the fact which must
be forced.
The federal courts have made them
selves the final arbiter of the question.
Holding their offices for life they are
beyond the reach of the people. 1t is
hardly necessary to say that in ques-
tions of doubt majority of them will
give capital the benefit of the doubt
1t is hardly possible for any serious
reduction in railway rates to be made
about which the roads will not be able
to raise question of doubt. What,
then, is the prospect for tho people2
That this estimate of the federal
courts and especially OF the supreme
court is not prejudiced or partisan
one let few facts from the record
satisfy. Twenty years ago the rising
corporate interests of America were
startled by the decision of the United
States supreme court in the case of
Mum VS.. Illinois which affirmed that
railroads were public institution,
that the companies operating them
were only the agentS or employees of
the public and that the right of the
people through the legislature to con-
troll them was supreme. Since the day
of that decision the corporate interests
have set themselves to secure control
of the supreme court How well they
have succeeded let the single instance
of Judge Brewer witness. In this very
case of the Nebraska maximum rate
bill Judge Brewer as circuit judge laid
down the doctrines that the amount of
stocks and bonds issued by railroad
company must be considered in fixing
maximum ates-a proposition utterly
repugnant to justice and common
sense no matter what it may be in the
law. Yet Judge Brewer was soon
after promoted to the supreme court
And it nowhere appears in the decision
so far as it has come to hand, that
Judge Brewers holding upon that
point has been reversed by the supreme
COURT
There is no use trying to disguise
the situation. The prospect for con-
troll of railroad rates through legisla-
lures or commissions is not at all hope
full The fight for such control will
no doubt be kept up but the ultimate
effect of this decision will be to give a
powerful impulse to the movement for
absolute government ownership of the
public highways transportation at
cost instead of reasonable maximum
rates" will be the coming war cry of
reformers. Nebraska Independent
Cuisines" In Government.
In Philadelphia Finley Acker. lead
ing grocer, has issued pamphlet bear
ing on the lease of the municipal gas
works, emitting his pamphlet "Eri