Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-04-28
porated in the code Of 1897. Listen to

. ASOASS SOS<A isAAN 4'ARAAA 4.
porated in the code of 1897. Listen to
this section:
"'section 3.-If any common carrier
subject to the provisions Of this
chapter shall directly or indirectly, by
any special rate, rebate or other de-
vice charge, demand, collect or receive
from any person or persons greater
or less compensation for any service
rendered, or to be rendered, in the
erty subject to the provisions of this
chapter than it charges, demands,
collects or receives from any other
person or persons for doing for him
or them a like and contemporaneous
service, such common carrier shall be
guilty of unjust discrimination
Il put the question to an ex-gov-
ernor, now friendly to Governor Cum
minis, and who Is familiar with the
law, two and one-half months ago in d
the city of Des Moines You are
familiar with the railroad law of the 4
Twenty-second general assembly
he said, Yes, am Was it not
your opinion at that time that sec
ton three Of that act prohibited the
giving free passes not only to public
officials, judges of the courts, but to
all citizens alike? Is it not your inn
preston, and do you not believe that
is the law today?s and he said.
Yes, Mr.. Berryhill, do. That is
the law. The free pass, was brought {
under the ban in 1888. It is undeget
the ban today and has been ever
SINCE 'Fhe present general assem-
bly, at the dictation Of Governor Cum
Minis passed an anti-pass law.
prohibiting passes to members of the
general assembly, judges. of the
courts and delegates to state con-
ventions In my opinion such an act
was unnecessary Now let me sug-
gest legal inquiry. I am not pass
ing upon the question of law. But
when law prohibits discrimination
in sweeping terms affecting all
classes Of citizens, and the general
assembly passes law prohibiting the
giving Of free passes to limited
classes, isn't there danger that the
courts may construe the law to open
the door and authorize or permit the.
giving of passes to those citizens
who are not mentioned in the act?
That is the position we are In to-
day. Is there not danger that in
stead of closing the doors, Mr.. Cum
Minis and his friends have opened the
doors to this grievous abuse? What
is the meaning Of this agitation
against free pass? can come
to not other conclusion than that 1T
was designed to serve as a stepping
stone for an ambitious politician to
rise to and perpetuate himself in Of
flee. can come to no other con
clusion than that it was case o
political buncombe. This conclusio
seems clearer when one reads sec
ton twenty-three, which fixes the
penalty for discrimination, and section
twenty-four, which authorizes the Civ
ing of passes to officers and employees
| of railroad companies and permits
| special concessions. Refer to sections
of the original act, chapter twenty
eight of the acts of the Twenty-second
general assembly, now a part Of the
code of 1897.
What is the purpose of this law?
| 1t means that the broad sweeping
language Of this act of the twenty-sec-
ond general assembly prohibited the
issuance of passes to all persons
whomsoever, except those in the clause
excepted. 1t allowed railroads to issue
passes to t. ~ own employees, and to
extend courtesies to the representa-
tives of other roads, Do make it
plain that the claim Of this friend OF
the common people is spurious and
only designed to perpetuate himself in
office? Let me go back further. Two
bills were before the twenty-second
general assembly known as House File
1 1913 and House File 374. had nothing
to do with the preparation Of those
measures and the organization of that
body for their passage. knew every
detail Of their preparation. House File
No. 374 prescribed maximum sched-
ule of freight rates.. House File 3735
4 was designed to authorize the railroad
commission to prescribe schedules of
reasonable prima rates which were to
be prima facie evidence of their rea.
sonapleness. Governor Cummlns
thought he would take hand In rail.
I road legislation and introduced this
bill known as House File No. 19-and I
have the original printed bill in my
possession at my home. That bill reads
we'll and to the uninitiated it would be
regarded as Splendid measure, but
when scrutinized from legal and con-
stitutional standpoint it was discoVeredi
| early in the session that the act made
j the schedule rates of the commission
4 absolute and would practically prevent
). inquiry Into the reasonab leness by the
|. courts. The supreme court of the Uni
-!ted States had held not many days
? 4 / z