Omaha daily bee., 1902-02-09
PLEA OF MISSOURI PACIFIC
Brief AID Argument Submitted in Reply
TO Nebraska Suit.
ADIUTANT COLBY URGES MILITIA BILL
EnElishwoman Declares British Cow
m Has wronRed Her-Lan-
caster County Teachers
Meet.
fFrom a star correspondent.)

o 1EAAA
LINCOLN, Feb. s.-(@5ecia l)-Defend
ants brief and srgument on the plea OF
abatement in the case of the State against
the Missouri Pacific Railroad Company were
filed in the supreme court today. The suit
was begun by the fusion attorney general
to recover penalties for violation OF the
maximum freight rate law. The railroad
company sets forth the following reasons
why 1t should not be held to answer;
Because the violation Of the maximum
freight rate law would be a misdemeanor;
q riminal offense punishable by a fne,
and under the constitution and laws Of this
state this court is not given igina juris-
diction in criminal actions, hence this
court has no Jurisdiction Of the subject mat
ter OF this action and no authority to try,
hear or determine the Issues therein.
Because the plaintiff seeks to recover
in this action upon nineteen separate
causes of action, based upon nineteen
claimed separate violations of the maxi
mum freight rate law, denominating and
constituting each separate shipment a vio-
lation and cause of action, when at most
all matters alleged In plaintiffs petition
could constitute In law but one violation
subjecting defendant to but one penalty.
Because there is another action pending
between the parties hereto in the district
court OF Saline county, Nebraska, which
court has jurisdiction Of the subject mat
ter of this action, and in which action plain
tiff herein claims the right to recover for
the same violations Of the said maximum
freight rate law. THAI is to say in said
action SO pending in the district court of
Saline county the plaintiff demands recov-
cry for the first, second, third, fourth and
up to and including the tenth violations OF
said maximum freight rate law, although
such violations are alleged to have oc-
surred at different places and on prior dates
10 those alleged in the petition filed herein"
state Sues for $435,OO
The petition of the state is to recover
I435, 900 for the alleged violations Of the
lct. The state insists hat every exaction
Of freight rates in excess of the rates pre-
Icribed by the act Of 1893 constitutes In
and of itself a separate and distinct Of
tense. and that the state can recover a fine
Tor each freight rate exacted in excess OF
The maximum rate prescribed by that act
The defendant contends that in any event
The nineteen violations could constitute but
Dne offense which would be a violation oil
The entire act and hence creates but a sin
gle offense. In other words, the company
Insists that 1t is no greater crime to vic.
INV ON0AJ NNA ~ ~ y 1880 -
10 violate one item, and that II this court
had jurisdiction of the subject matter but
one fine could be imposed IL the defendant
was adjudged guilty of ali the charges con
tained in the petition. and the fine would b.
regulated by the amount fixed for the frs
violation of the law.
Urges She Militia Bill.
Adjutant General Colby is sending the
following communication to officers Of the
Nebraska National Guard, urging them tC
support the bill recently recommended by
the National Guard association OF America
for passage by congress:
"Your attention is called to house roll
s972, "A bill to increase the efficiency OIL
the militia introduced in congress by
President Dick. at the request of the In
~terstate National Guard association. This
bill is OF great Importance to the Nationa
Guard. II aecords federal recognition Il
the troops of the several states and re
serves for them a first place in the volun
teer army, in case of war. 1t provide
for the immediate exchange Of Spring
field rifles in the hands Of the Nationa
Guard for magazine rifles, ammunition an
equipments.
at is essential to the success Of tn
bill that the members of congress be in
formed of the general sentiment Of tn
country thereon. You are requested t
carefully examine the bill with your Off
GERS and men and If it meets with you
approval, to at once communicate you
views in thee strongest terms. to the rep
resentative of your district in congress an
to the two United States senators fror
your state. urging them to support tn
bill and procure its passage. Please &C
with promptness."
Supreme Court List.
The following cases have been assigne
for hearing at the next sitting of the su
preme court. which begins February IS:
Berquist, Dawson; Gonzales-Mandelhau