The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-10-27
The Brody Bill

LILO oToNy oiII
It. will be recalled that at the last
session Of the legislature bill was
introduced providing for reasonable
opportunity for the shipment OF grain
within the state of Nebraska. This bill
was known as the Brady bill. It's en-
actment was unanimously demanded
by the farmers of the state. but the
railroads were opposed to it. Its pro-
visions were full, explicit and fair. 1t
would have aforded protection to all
shippers or grain. 1t would have guar
anteed against unjust determinations.
But it was too just to secure the sup
port Of the railroads that dominated
that legislature.
In place of this Brady bill was
brought forth substitute that, its
sponsors claimed, was lust as good,
as the Brady BILL Like all ''just as
good propositions, it should have been
closely analysed. 1t was abortive. 1t
was of little if any value to the general
shippers of grain. 1t contained no
provisions that could not have been ac-
complished just as well under the COM
mon law. and saved the legislature the
trouble of passing it. But the railroads
wanted it enacted. and as the rail-
roads dominated that legislative body,
the Ramsey bill was substituted for the
Brady bill.
There is every hope that Mr.. Brady
will again return to the state legisla-
ture this year. 1t is safe to say that
the fight for the Brady bill will then
be renewed, since the railroads of the
state, just as was expected, have evaded
the Ramsey law. That was the design
of the railroads. 1t was not contem-
plated by them that any law should
be enacted that could stand. So they
attack the constitutionality of their
own law. This will afford the friends
of the Brady bill an opportunity to
make another fight for their measure.
For the information of all who desire
to know something of the merits of
the Brady bill, copy Of it follows:
$500 A BILL.
For an act to require railroad COM
panies and common carriers in the
state 1T Nebraska to erect and u1ain-
tain a state track or switch extending
reasonable length. The outer edge OF
which shall be at least within four
feet of the outer edge of the right-of-
way to any elevator or elevators
erected by any firm, corporation. asso-
citation, person or persons for the pur-
rpose of buying, storing and shipping
grain at any station within this state,
and prividing for penalty for the
violation thereof.
introduced by Brady of Boone Read
the first time Jan. %. 1903.
Section l. That any railroad COM
pany operating within the state shall,
when requested in writing by the own
ers or operators of any elevator at any
station within this state through which
any railroad is operated, erect and
maintain side track of suitable length
to approach as near as four feet of the
outer edge Of the right-of-way when
necessary, and in all cases to approach
as near as may be necessary to ap-
proach any elevator that may be
erected adjacent to their righ.-of-way
for the purpose of loading grain into
cars from said elevator
Sec z. That any railroad company
operating as common carrier within |
the state of Nebraska which shall fail
and refuse to comply with the pro-
visions of this act for the space OF
sixty days after the request in writ
ing, as above mentioned, sha forfeit
and pay to the state of Nebraska the
sun Of 900 to be collected in civil
action in any ySarf Of competent jur-
isolction. - s-
The Ramsey law, on the other hanu. !! !
is an evasive law. 1t is full of holes.
1t was purposely designed for attack
should any serious attempt be made to
enforce even its feeble provisions. The
chief ground for attack by the rail
roads seems to be based upon the
claim that its title does not fully set
forth the purposes of the bill. An
examination OF the title and the bill
does not bear out this statement OF
the roads, but it is this claim upon
v hlch they expect to have the bill de-
cared unconstitutional. There is moth
ing strictly specific about it. If il
were, its benefits would long ago have
been realized. 1t places a minimum
limitation upon the cost of elevators
That is, the elevator must cost not less
than three thousand dollars, and must
hQ h11i1f of f1o two ci, - /