The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1899-05-12

Again Seen in Wisconsin-When Gabe
Bouch and Carter Harrison Were in
Congress-Other Interesting Gossip.
Madison, May e-Will the anti-pass
law in practice abolish the pass? is the
question of the hour.
A veteran officeholder and ex-legis-
lator puts it this way:
Suppose L am member Of the legis-
lature or an influential state officer. l
write to a high railroad official, telling
him to send me 2,000-mile mileage
book and his bill The bill never comes.
Or get a bill for 81 Gnstead Of $3.50.
Whose business is it? Or who knows
about it?''
''But it is in violation CT law You
can be sent to prison for it,
Yes, but who knows about it? Who
will start the prosecutions"
"The railroad companies won't be
party to such bare-faced violation of
law"
Railroads Will Respect the Law.
"There you are on sound ground"
1.-THE railroad companies are not the
rascals some people think. I don't say
that some influential public official
whom they wished for friend, they
would not favor in any way. They
could, perhaps, make him an "attor-
ney" or something Of that sort. But
the idea that railroad company would
run in the face of a state statute to
oblige some assemblymen from Christ
mas Tree county is great mistake.
This anti-pass law will be a big saw
ing to the railroads. Assemblyman
Hall estimates it at $4,000 year. The
five members of the board Of control
have just equipped thmselves with mile
age on the three great systems-3O,O 900
miles in all-and this one item was $3.50
and the books will soon be used up.
Everyone knows the interstate COM
merce act put an end to an immense
amount of free travel. It pleased the
railroads immensely. And this Wiscon-
sin act will prove a boon to legislators
and others who are fearfully bored by
constituents who ask for free passes.
With all the incidental and occasional
violations, the effect of the act will be
to discourage the free pass. The great
body of new assemblymen. for instance.
will be clumsy about how to violate the
law, if they want to-"
Who May Cling TO Their Passes.
The construction of the law is the
next thing of interest There have
been scores of designations forwarded
to the governor already of notaries pub
lie, officials in the different counties
who enjoy free transportation. They
prefer free rides to the honors and even
fees of office although as a rule they
are making their clerks notaries in
their places. 1t is probable the attor-
ney generals office will soon give some
opinion on what the law means In
many small communities the station
agent is the biggest man in town.
Naturally he holds office He is con-
stable or chairman Of the town board.
The question comes up whether he
may travel free and hold his office
Some of these notaries who are resign
ing, are they not entitled to their trans
portation as bone fide employees of the
railroad companies? 1t is said a New
York court ruling holds that they are,
that is, railroad officials in fact (not
employees for deceptive purposes) travel
free as a necessary incident of their
connection. They cannot be said to be
using passes. This would certainly
seem sound reasoning.
But there are other cases. Take the
case of a regent of the state university
or normal schools, who may be a rail-
road attorney. It is surprising how
many of the best lawyers of the state
are pre-empted by these corporations
Judge ellison was no sooner off the
bench than the Northwestern road Sc
cured him as Fond du Lac local coun-
sci, a position he gives up to go on
the tax commission. So it happens
that some of these regents have rail-
road connections-they are railroad le-
gal advisers. They hold annual passes
Now it is very doubtful if the anti
pass law can compel them to surrender
them, if anyone is disposed to force the
issue; for the possession of the pass
appears to be a feature of a contract.
The company employed this lawyer. one
of the conditions being the comforting
Of an annual pass. Whatever may be-
come Of the right for next year, the
sacred nature of contract seems to
protect the user for this year.
The officials of Attorney General
Hicks office, from the chief down. have
religiously refrained from the use Of
railroad passes. So. too, Governor SEQ
field pays his fare like the untitled citi-
zen. Another aspect Of this perplexing
law comes up, however, in connection
with Governor Scofield, and no doubt
other extensive lumbermen. The ST.
Paul and the Northwestern systems
were given right of way years ago
through his big land holdings. That
was before he held office and when he
never expected to be more than a hard
working lumberman all his life One
of the conditions was that the owner
of the land should forever enjoy free
transportation over the lines so IA
vored. 1t was a great benefit he con-
ferred upon them, and there is little
doubt that were he (and others similar
~ situated) disposed to Sickle on their
rights, the sacred claims of contract,
which Daniel Webster enunciated in
the Dartmouth college case, would wind
themselves about the interested parties
like protecting aegis.
Scofield Pleased with the Legislature.