The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-08-31
SHORT HAUL RATES
MUST NOT BE HIGHER THAN
CHARGED FOR LONG HAUL.
Recent Decision Of Nebraska Supreme
Court in an Ice Case May Protect
Grain Shippers from RaiIway-one
Form Of Discrimination.

The statement is made that the
farmers of the state and the grain
shippers will be able to save some.
thing on the shipment of their grain to
Omaha and Lincoln, If they hold the
railways to the recent decision of the
supreme court ruling that the statute
forbidding higher rate for a short
than long haul is valid.
The statute which was enacted in
1881 has never been tested in the
courts until recently when a decision
by Commissioner Ames sets at rest
all questions as to the validity of the
act and makes it possible to apply it
for the purpose of preventing rate dis
ordinations between towns which
have only one railway and those which
are on competing lines. The appli-
cation of the decision will have
the effect of relieving merchants
living at inland towns without Compel
ing railway service from the paying of
higher freight rates than are expected
for traffic to common points further
beyond. The case in which this i'm
portant ruling was made is that of
the Chicago, Burlington & Quincy
railway VS.. Anderson from Frontier
county.
Attack on the Title.
The section of the statute which is
held to be valid was attacked on the
ground that the title to the bill was
violative of the constitutional provis-
ions in that it contained two subjects
and also on the ground that the regula-
ton was unreasonable. The provision
which has now been sustained is
known as section 2, article 5, chapter
u. 1t is as follows:
mo railway company in this state
shall hereafter charge, collect or re-
ceive for the transportation of any
merchandise or other property upon
the railroad operated by such COM
pany within this state at a higher
rate for such service than was charged
by such company for the same or like
service on the first day of November,
1880, as shown by the published rates
of such company. And no railroad
company shall demand, charge, col
lect or receive for such transportation
for any specific distance, a greater
sum than it demands, charges collects
or receives for greater distance.
One Ice Shipper Favored.
The case was brought by Anderson,
who shipped ice during the winter of
1908, from ice ponds at Curtis, to Ak
tell and Minden, stations on the Bur-
lington. Another railway had line
through Minden and the company
made him rate of 8 cents hundred
for the haul to Minden, which was ten
miles further from the shipping point
than Axtell, to which the charge was
4 cents hundr. pounds. The shipper
sued for and recovered cent a hun
dred pounds on the ice slipped to
the nearer station, basing his claim
on the statute. The company ap-
pealed from the justice court to the
district court and thence to the SUI
preme court.
In the decision, Commissioner Ames
once for all decided the validity of
such legislation as within the discre-
ton of the legislature.
The decision sustaining the power
of the legislature to use it's Judgment
in the enactment of laws controlling
freight rates is regarded as of the
utmost Importance in view of the like
lihood that there will be another eff
fort in the next Legislature to secure
the enactment of further freight rate
Legislation. 1t is pointed out that
the very act which has been upheld
is one which did establish a system
of maximum freight rates for the state
i Please Mention THE iNDEPEND