Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-11-28
THE PASS EVIL
WILL THE LEGISLATURE OBEY
CONSTITUTIONAL. MANDATE?
This Question is Sure to Come Early in the
Legislative Session Of Next January, and
the Action Upon it Viii be Watched With
Interest.

The ninth biennial session of WASH
iugton legislature will meef III January
next, and, in view Of the issues OF the
the campaign, much interest will center
on such railroad matters as may be intro
duced. The constitution com hands the
legislature to enact laws prohibiting
transport alton companies from granting
p sses to public officials. The eight pre-
vious sessions deliberately ignored this
mandate-though every member made
oath that he would support the consti-
tution-and the action OF the ninth is
waited for.
Washington is not the only state afflic-
ted with IT, pass evil. Speaking of the
same thing IN Nebraska, Bryan's Com
moner recently said:
More and More the people are coming
to realize the enormity OF the pass evil
A number OF bills have been introduced
at various sessions of the Nebraska legis.
lature intending to prohibit the giving Of
railroad passes, but these measures were
not adopted. One of these bills provided
that any justice or judge who used trans
portation in any form should be ineligi-
BILE to sit in railroad case. Another
bill made similar provisions as to jurors.
Judge Munger OF the United states sup
RENE court, for the district OF Nebraska,
has held it cause for challenge in a suit
to which a railroad was party that a
juror who was drawn and summond
asked and received from such railroad a
pass. The principles embodied in the
bills referred to and the rule laid down
by Judge Munger are undoubtedly sound.
That pass has pecunlary value is re-
cognized by both the donor and the
donee, and that a pass may have an in.
tuence upon the mind decision of
juror or judge is understood by the rail-
road if not by the recipient of the psss.
Corporations do not give away things OF
value without expecting a return in some
form, and they would not continue to
give passes unless they felt that this ex.
.pectaton had been realized in the past.
The parties to suit ae entitled to
fair and impartial trial, and trial can
not be fair or impartial if the Judge or
juror is under pecuniary obligations to
one Of the parties to the suit. As long
as men can be influenced by Zeal born
of benefits received and fostered by the
hope OF favors to come" as Mar. Cleve-
land once felicitously expressed it, they
will be tempted to lean toward the side
from which the benefit comes. 1t can
not be stated as universal or nvariable
rule that pass is q bride, nor can it be
said that it always influences the person
who receives it, but until passometer
is invented which will measure the in
fuence OF free transportation upon the
judicial mind, the only safe plan is to
prohibit the use of passes by those who
are to decide controversies to which
railroad is party. If a judge is re-
quired to travel in the discharge OF
official duties his expenses are provided
for; il he has occasion to travel on private
business he can better afford to buy
ticket than the average man. If any one
will observe he will find that those who
need free transportation most are I'm.
able to secure it, and that those best
able to pay their fare are the ones who
have the influence necessary to secure
passes.