Omaha daily bee., 1907-03-11

AOu eau say lnal a pflN&Le report from
Chicago authoritatively announces that the
Eajlroads OF Nebraska affected by the 2
cent passenger fare are preparing 10 con-
test that law" said rail- ofncial to
The Bee yesterday. Il 4, sjoin upon
you the promise that you ~ Q names
at this time. The fight WI r. y. from
ahe higher offices Of the roa - u
Local railroad attorneys ha, an
Rpprised Of the plan TO contest
but the official quoted asserts thu =,
ably will receive direct Instructions 2
q few days =
The railroads are now preparing tht
plan Of attack upon this law in the courts
60 determine its validity" goes on this re-
port THE higher authorities bNieve the
law win prove invalid for the simple
reason that, they believe. they can prove
II non-compensatory ard conhscatory. They
have gone over the situation thoroughly
and have their minds made up.
quote sheIdon's Attitude.
Governor Sheldon when on the stump
during the prediction period argued
against a fiat 2-cent law on the ground
that It would prove confiscatory in the
case Of small or branch lines. other mem
bers Of the legislature during the campaign
took similar positions. When the legisla-
ture passed the bill the governor, you re-
CALL hestated to sign it, because he held
TO the same opinion as voiced by him dur
ing the campaign, that the law might prove
conhscatory. But the governor finally
signed the bill because he did not wish. II
It should go into effect and prove consti-
tutional, to have It said that he had with
held his support and. together with the
fact as certain friends of the bill con-
tended. without his signature, provided for
in the emergency clause. the law might
prove defective. He did not want to stand
in the way of Whit the majority of the
legislature, elected with him on an anti
railroad platform, deemed wise measure
But Governor Sheldon and members OF
the legislature, we believe, still question
this law"
Acted "a .Gaod Faith, Says Rich.
John N. Baldwin. general solicitor Of the
saUnion Pacihc and as such, head of the
Illegal department of the Union Pacific in
Omaha, is in the west and could not be
consulted on this report. Edison Rich, gem
Bral attorney of the Union Pacific for Ne
braslSa, asked IL the Union Pacific would
contest the law said:
''The Union Pacific placed that law into
effect in absolutely good faith and with
the intention of giving it a fair and COM
plete trial before testing 1t in the courts,
We wanted to see If 1t would be compen-
eatOryi II II did, then there would De no
occasion for a legal suit"
Ben T. White. attorney of the North
western in Omaha, who is in authority,
when asked rs the Northwestern prepar-
ing to contest the 2-cent law" said:
mo-
Tho same question with reference to the
Burlington was asked of James e Kelby
Of the legal department Of that road.
NOW. where did that report come from?'
asked Mr.. Kelby. mo, he~Burlngton is
not preparing to contest the law until the
law has been demonstrated to be nom
compensatory or conhscatory. We propose
60 give the law a fair trial and then, as
We stated when It was enacted by the
legislature, IL It proves bad we will take
what action we deem wise. But there is
no certainty that this law will not prove
compensatory"
Not Retaliation at All.
And then Mr.. Kelby took up the talk
OF railroad retaliation" and said:
"Al this talk OF the railroads wanting
70 retaliate Is bosh. They don't want to
do anything OF the sort. They want fair
play and nothing else. ard whatever action,
touching what has been done relating to
their interests we may take. is for tho
general good and not to punish anyone"
The railroads made mental reservation
at the outset in saying what they would
do toward enforcing this law, insisting
that they would not prejudice their rights
later on to fight It II they found It wise
to do So
Incidentally, the legislatures of some
other states where these same railroads
have interests are stiIl in session and con-
templating similar action on this question
as taken by the Nebraska legislature, and
there Is a belief that the railroads arc
desirous of forestalllng legislation with the
impression that every 2-cent law means o
heroulean task for the states IN the courts