Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1905-07-24

companies were produced. 1t appeared
that the railroads expressed them
selves in doubt as to their right under
the new law, and particularly section
8 thereof. to continue the low rates for
land seekers, as contained in one let
ter, the roads said they could not
make those rates to everybody, neither
could they publicly announce these
rates.
Cannot Compel Glass Reduction.
The commission early in the opinion
declares that it does not consider 1t
within the powers of the commission
to order the railroads TO grant lower
rates for land seekers than for the
general public, but that as to whether
the roads of their own motion are
properly entitled to grant such rates
is quite another question. The hear
ing developed the fact that the roads
were selling land seekers tickets from
points outside of Wisconsin to places
i'll this state and from points in Wis
consin to places outside of this state,
but would not continue the rates for
traffic of this kind wholly within the
state, because wholly Wisconsin traffic
came directly under the Wisconsin
law, while the inter state traffic came
under the regulations of the federal
interstate commerce law. This situa-
tiOn was complained of as working
hardship and in effect being serious
discrimination against the state OF
Wisconsin and in favor of other states
in the matter of sale and development
of lands and the stimulation and en-
couragement of immigration. Those
representations appealed to the COM
mission strongly AMI for that reason
the quick announcement Of the opinion
is made A careful examination and
comparison is made of the state and
federal laws and it is set forth how the
Wisconsin law is even more liberal in
the matter of allowing reduced rates.
The wisconsin law allows party tick,
cts, which the federal statute does
not mention and which the United
States supreme court has decided can
not be granted under cover of COM
are made from various decisions of
the United States supreme court and
the conclusion is reached by the COM
mission that the reduced rates for land
and home seekers are within the pow
er OF the railroads to grant if they so
desire.
Federal Supreme Court Followed.
Applying that Interpretation to
our law says the commission refer
)ing to the holding of the United States
that where railroads had been selling
land seekers tickets heretofore at re-
duced rates, they are not in any way
prohibited from selling such tickets at
reduced rates at the present time and
under the provisions of our law"
ut is our opinion that common car
riers have the right, if they choose to
exercise it. of selling tickets to bona
fide land seekers at less than the reg
ular fare offered the public generally,
provided that all who fall within the
designation of bona fide land seekers
are treated alike without +liscrimina-
tion."
Right to Reverse Reserved.
The commission expressly states
that it has prepared this opinion in
some haste because of the emergent
nature of the matter and suggests the
possibility of coming to another and a
different conclusion in the course of
more complete investigation and study.
and in such event freely reserves the
right to reverse it's finding. The ques-
ton Of the right of railroads to grant
free transportation to land agents is
not dealt with by the commission at
this time and is referred to the depart
ment of the attorney general, the COM
mission expressly stating that it does
not pass upon this question and does
not want to be understood as in any
way sanctioning such procedure.