The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-01
NO SWEEPING
RAILWAY LAWS
Ban Is on Radical Enactment by
1903 Legislature.
H0YT SHERMAN TELLS WHY
NO NECESSITY FOR oBEYING
CONSTITUTIONAL MANDATE.

No important railroad legislation will
be enacted by the Utah legislature, in
the opinion of Senator Hoyt Sherman.
chairman of the upper house committee
on railroads. While not attempting TO
speak for his colleagues, Senator Sher-
man is of he opinion that the senti-
ment among them is uncompromisfng-
~ adverse to the enactment of any leg
islation on the subject save that of a
minor character. Several amendments
TO the railroad laws are under consid-
GRAFTON, but none is of general or
sweeping application.
In the state constitution is a clause
making it mandatory upon the Iegisla-
ture to pass laws tablishing maxi
mum rates of transportation, correcting
abuses, preventing discrimination and
providing adequate penalties. So far
the requirements of that provision have
not been observed by any legislature,
and Governor Wells has taken occasion
In his biennial messages to call atten-
ton to that delinquency. That the con-
sututiOn'S mandate will remain I'M
needed by the present legislature is
Senator Sherman's prediction.
Opposed to Literal Beading.
81 hardly think that provision of the
constitution should be so strictly con-
strued as some think it ought to be-"
said Senator Sherman yesterday TT
seems TO me it is there rather as a pro-
lection to the state than as club to
be used upon the heads of the railway
systems. Should the railroads become
unfair TO the state or its citizens by
exactins exorbitant rates, discriminate
ing or abusing the privileges which
have been granted them, the power
Tod in T1rr t.-T-,
sttution could be used for their regu-
lation.
AT this time, when new transconti-
mental lines are either projected or be-
ing constructed, it would be particu-
larly lnopportune to experiment with
railroad legislation. The result might
not only be oppressive to the new com
panies, but costly to the state, in that
1t might turn them away, retarding the
development of our territory and re-
sources. Just so long as the situation is
favorable, it should not be tempered
with. Making big blunders in dealing
with subject Of this kind is easily
possible. even where there are the best
of intentions, and Utah cannot afford
to take chances of mistakes at the
present time.
Would Be Turned Down.
Even should the house pass any
sweeping railway legislation, which is,
i think, extremely improbable, the SEN
ate would. believe, turn it down. The
Dill introduced by Representative Will
son undoubtedly viii not be taken seri-
ously in the house, but even if it should
pass that body, which result I regard
as impossible, it would be promptly
squelched in the senate. Whatever
special conditions may arise re-
curing a remedy can be reached by
minor amendments, and some such may
be enacted. There are several such
bills pending before the railroad COM
mittee in the senate, and they will be
considered on their merits. I have no
doubt some of them will become laws"
Among the other measures which the
railroads committee has before it is a
memorial to congress asking that body
to require the Southern Pacific rail-
way to construct drawbridges along its
projected line across Great Salt lake.
The measure was presented by Senator
Barnes. According to the railway Of
Metals it is born of a misapprehension
of the facts. The company, il is as
serted. has no intention of cutting of
the nosthern part of the lake from the
southern part, but will provide water
ways at frequent intervals, sufficient
to meet the requirements of flow and of
the scow navigation which is carried
on upon the lake.
A meeting of the senate railroads
committee will be held tomorrow at 10
a. m. Several railroad attorneys will
attend, ii IS said, with the purpose of
opposing three bills introduced by Sem
ator Whitmore increasing the compa-
MES liability for damage to stock and
damage by fire.