Omaha daily bee., 1906-10-07
OMAHA MEN START TROUBLE
ttsts Politicians Reused By Threatened
Bolt from Bfswn.
FACTS ABOUT DEMOCRATIC THUNDER
Omeial Record of Maximum rate
Law LitigstiOa and Reasons
Why No Eaort e. made TO
Enforce the Act.
CFrom a stan Correspondent

VI y EeeoiutlOn supposed 10 indicate theiT
intention to make an EFFORT TO elect an
Omaha man United States senator, not
withdrawing the state convention nomina-
ton Of Norris Brown. is not received here
with good grace. The Lincoln Journal de-
nounces 1t editorislly as running up the
black flag" and predicts that IL seriously
intended IL foredoomed TO failure TO
cheekmate any attempt at treachery 10
the party nominee il urges the pledging
u every republican candidate for the legis-
lature not already on record ITO die with
Norris Brown in the last ditch rather
than give up the ONCE to a pirate"
One OF the men hanging around the re-
publican headquarters, discussing the
Omaha pronuncianSnto, declared "the
scheme is altogether too coarse and sprung
too early 10 pan out. The letter OF Yeiser.
as printed to my mind. shows the fine
Italian hand OF @. w. wattIes, but he
ought to have been shrewd enough to keep
his name ont Of It for the present until
the thing tas ripe. To a person at this
distance Il looks as II the whole Yeiser
contests were set up for the purpose of
forcing this alleged compromise In the in
terest of someone who expects to prodt
by the defeat OF Norris Brown. but II will
not work. Nobody who has a hand in such
hodup game as this can ever get the
necessary votes to make a legislative ma
1ority req" TO elect a United States
senator. TNas fost imminent prospects OF
results will be combination In the legls-
lature against Douglas county to retaliate
IN kind should the Douglas county repre-
sentatives assume to be the whole thing"
Record on Rate Law.
The charge has been made by the demo-
cratic speakers in Nebraska, including
Mr.. Bryan, that the republicans have
been derelect in enforcing the maximum
freight rate law. Some one has taken the
trouble to dig up the Official record. which
shows the following:
The law known as the Nebraska rail-
road maximum freight rate law was
passed in 1898. Its enforcement was en-
Joined in a suit in the United States cir
cult court brought by the railroad COM
panies against the State Board of Trans
portation, whose duty II was under the
law to see that its provisions were en-.
forced. The supreme court OF the United
States. on appeal of the case, held
that the rates fixed in the law were UNI
reasonable and confiscatory, and enjoined
the enforcement OF the same. (Smyth
against Ames, 1853 L. g, 1853
Thereafter Attorney General Srnyth ap-
piled for and secured a modification OF
Board of Transportation might appear and
show the court such a change in condi-
tions as would justify the rates named
in the bill. subsequently. in the case of
state against Chicago Burlington &
Quincy Railroad company. so Neb. 74I,
the law creating the State Board of
Transportation, was held to he null and
void by the supreme court OF Nebraska.
justices Holcomb and Sullivan concurring
in the opinion, This decision ended the
existence Of the State Board of Trans
portetion.
2 Before this decision was rendered
srit had been Instituted by the fusion
attorney general entitled State OF Ne
braska against Union Pacific Railroad
company, being an action to recover PEN
allies on the ground that the company
had violated the maximum freight rate
Law. The supreme court of Nebraska
appointed r. r. DUNE and Ed r. Smith
as referees, with authority to take tes-
timony and report findings Of fact and
conclusions OF law. On July 10, 1907
subsequent to the decision In the six
tenth Nebraska, above referred to, the
referees, after an exhaustive considera-
tion and discussion of the law, filed their
report, which may be found on pages
2Os-226, volume 81 Of complete records
of the supreme court. The concluding
portion of this report is as follows:
Under this act Che maximum freight
rate law to whom might the shipper or the
public appeal II the rates nxed by the
carrier, although within the prescribed
and unfair? No other tribunal than the
Board Of Transportation is given jurisdic-
ton by the act In such cases. BY the de-
clson OF this court In State against b. &,
NJ. r. r. Co. 30 Neb. Ia the act creating
the Board OF Transportation was declared
hoard. The result is that neither the rail.
way companies nor the shipper have any
tribunal to which they can appeal TO re-
wise or modify the rates fixed by the act.
For the reason that the maximum freight
law Is 80 far dependent upon the statute
Creating state board Of transportation
bat the decision of this court declaring
tneonstitutional the statute providing for
such board , renders the act OF 1899, known
and void, your referees respectfully recon-
mend that the act Of 1898 above referred
TO he declared unconstitutional, fnoperatiye
and void, and this action dismissed
One of the referees Ed p. Smith, was. in
1897 and 1898. the deputy attorney general
under Attorney General smyth. and y. r.
Dune is now one OF the supreme court
commissioners.
Cummins At Coiumhu..
Saturday. October 81. at Columbus, is tn,
date which Governor Cummns OF Iowa. vii
MI in Nebraska. Arrangements have beer
made for it between the republican stat,
committee here and Chairman w. L. Con
verse OF the Iowa republican Campaign
speakers buresu II will be left TO IN,
local committee at Columbues TO decid,
whether the meeting shall be In the after
noon or the evening.
Council BIuHs Wife's Revenge.
Because she missed her train TO Omahs
yesterday afternoon a woman who give
her name as Stella johnson and her az
as - years is in the city Jail awaiting
hearing upon statutory charge and witt
her II j. A. Knox OF Council BLUFFS ,
railroad brakeman, aged 70 years. and ,
man OF family. They were arrested II
room at lSs North Twelfth street at ia
a. M and the same charge Is chaIked ri
against both OF them
When Knox was booked al the station
he gave his name as Wilson, and in hi
pocket was found a copy of a petition 70
divorce hled by his wife in Council Blum
last August. She shows therein that the
were married in 1888 and that they have
son. aged years. named william @
Knox. The ground upon which Mrs. Bes
Aje Knox seeks her divorce is desertior
honsupport and excessive drinking. sh
also asks the custody OF the child ana $50
alimony.