The McCook tribune. (McCook, Neb.) 1886-1936, 1899-01-13

tuition makes it mandatory upon yol
TO prevent by law unjust discrimina
ton and extcrtion in all charges of eX
press, telegraph and railroad compan
les in this state, and enforce such law.
by adequate penalties to the extent, il
necessary for that purpose, Of forfeit
ing their property and franchises
This provision OF the constitution
which you have taken your cath tc
support allows you no opportunity tc
escape responsibility. If the laws which
we already have upon u statute
books are sufficient and only lack
! penalties for their enforcement, then
your duty is plain. Penalties should
be attached to compel compliance. Ii
the existing laws are insufficient and
fail to establish ~jusIIce between the
people and the corporations, they
should be promptly repealed and 9th
ers enacted by you which would ac-
compiish that purpose. Other states
in dealing with the yeNed question of
transportation have in a great meas
ure solved it in the election by the peo-
pie of a commission with adequate
power for the regulation Of rates and
the final adjustment of differences
which might arise between the peo-
pie and the corporations. Our consti-
tuition does not permit Us to SC provide
and in the endeaveor to overcome this
difficulty the legislature of 1885 placed
the burden OF the responsibilities of
a railway commission upon a portion
of the executive department, and at
the same time relieving the state xec-
utiye officers designated in that act
from the labor by allowing them three
secretaries to do the work, and finally
gave the secretaries all the power con-
ierred by the act upon the executive
officers composing the commission. AT
various times since 1885, tbs law has
been amended. but L think its most
ardent supporters Will not claim that
it has been either successful or salts
factory. The people Tor years have
asked relief from unjust and eX-
tortionate transportation rates. They
have asked bread and have been given
a stone. 1t is a question whether pow
er which the constitution places in the
legislature can be transferred by it to
a commission. Could that be done you
might make it mandatory upon the
railway commission to fix a just and
equitable schedule OF transportation
rates and confer upon them the pow
er of enforcement which you possess
under the constitution. Were the CON-
mission an elective office, and it's in
cumbents chosen by the people, then
its duties and powers could be defined
by legislative enactment But being
created by legislative act in a round
about way tt avoid the plain provis-
ions of the constitution, and to permit
the legislature to shirk its responsible
ity it can have really no legitimate
powers and consequently can only be
advisory at best. Whether the work
which the commission does in the col
lection Of statistics, the arbitration of
difficulties between the corporations
and the citizens Of the state is of SUI
ficient value to warrant a continuance
of the present law is for your wisdom
to determine.
The great question of just transport
tation rates still presses upon you for
solution. The law Of 1898 has been
carried through the highest court in
our country. Its weaknesses have
been shown by the decision of that
court. The enactment of the law of
1898, amending the sections against
which the supreme court of the United
States pronounced, would meet the
wishes of a large majority of our peo-
pie, and would be a compliance with
your plain constitutional duty. should
you repal the present commissioner
law and at the same time pass a just
and equitable rate law, you would gain
the highest commentator OF a great
majority of Nebraska citizens. While
in my opinion this would be a source
of temporary relief to our citizens, this
great question of transportation and
communication between the people
cannot be definitely settled by state
legislative enactments. The varied IN
terests of the several states in the
union are too closely linked in the
bonds of commercial union for the
state individually to properly adjust
the great question arising from trans
portation and with communication
among the people. The national gov
eminent itself must w and operate
the highways of transportation and
the electric means of communication
it does now the great postal system,
in the interests of all the citizens OF
our great common country. But until
such most desirable end is attained
state legislatures are obliged to +
all possible relief to the citizens OF the
state from unjust freight, passenger,
telegraph, telephone and sleeping car
charges. Any law which your wisdom
directs you to enact upon any of these
subjects if in the best interests of the
people of Nebraska will receive my
most hearty approval.
The constitution places the obliga-
ticn upon the legislature to apportion
the representatives and senator's ac-
ording to population, determined
upon the census of the United
or of Nebraska. It requires that
each ten years, beginning with the
year 1885, a census of the people shall
be made. The United States makes
enumeration of all the people every
ten years, so that with the census Of
the United States and that of our w
ate we have a certain data for the