The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-02-11
FORECAST OF AN IMPORTANT
DECISION.

There is every reason to believe that
an opinion is now actually being writ
ten in the Nebraska maximum rate
case, which has been before the Su-
preme Court for a couple of years. AS
nearly as can be discovered, the opin-
that the law fixing maximum rates is
unconstitutional, because it deprfves
the stockholders of the railroads of
their property without due process of
law, and is IN attempt to fix rates upon
Interstate which is the
p~rerOgative of the Federal government.
The understanding about the court
is that the opinion will not be handed
down until the new Justice takes his
seat, and possibly not until just before
tine adjournment of the cour in the
spring. The decision has been anx-
iously awaitd by Wall street n rail-
road authorities all over the country,
for if the Nebraska authOri ties shOuld
be suStined cash State would have the
right to fix maximum rates within its
own territory, no matter where the
E g ut originated. The Nebraska law
passed in April, 1898, and it provi-
ded fixed rates as the maximum to be
charged for each class between all
pointsAin the State of Nebraska.
The law provides a penalty of $1,000
for the first ~offense, and thereafter VI
to as high as $25, 900 for each violation.
Under the provisions off the law Attor-
ney Genera Churchill, Secretary of
State Piper, Treasurer BARLEY, Audi
tor Moore and Public Land Commits
sioner Russell, composing the State
1oo,I Cf +roncnorstto tjnn a1n1artnoly tp
regulate the railroads.. The Union Pa
cific filed a bill in equity in the United
States Circuit Court, in which it was
charged that the law was unconstitu-
tiOnal and void, the rates unreasonable
and cOnfiscatory, and that the railroad
companies were deprived of the equal
protection of the laws, while the act
itself was charged to be r~epugnant to
the constitution of the United States,
because it attempted to regulate inter
State
In November, 1894, the United States
Court, which was presided e by
Justice Brewer, of the Supreme Court,
entered a decree enjoining the railroad
companies from publishing a rate
schedule in accordance with the law,
or Obeying or in any way conforming
to the provisions of the Nebraska act.
Inc DtdTu vi lIdllSpOI do III
joined from bearing any complaints,
against a railroad company, n the
Attorney General of the State was for
hidden to bring any injunction. manda-
mus or civil action against the road,
on account of this law.
The decree declared hat the Nebras-
ka law was repugnant to the constitu-
!tiOn of the United States because 10y
ut the railroad companies could not eX
act for the transportation of freight
from one point to another charges
which would yield to them a reasonable
| compensation for their ervices The
! case was argued before the Supreme
| Court in March, 1896. and re-argued
| last April, when William j. Bryan APP
| peared as one Of the attorneys for the
State. 1t is understood a decision was
reached by a full court of nine justices
| and by a vote of five to -four. At tina
| time. however, Justice Field had al.
ready sent in his resignation, n i
] was therefore deemed best to hold tht
| former decision until the new JuStic;
had an opportunity to join it. If Jus.
| tice McKenna should chane@ to uphold
the law, it would result in a divided
court-Washington Telegram to Chic
ago Tribune.