Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-09-12
Burlington Alleged to Have Filed
Incorrect List of Passes.
MAY ARREST G. W. HoLDREGE
Another Plan is to Start Hearings on
All Commodities.
KEEP ROADS BUSY IN COURTS
Governor and Attorney General In
Accord with Commission in
Carrying Fight To the
Limit.
CFrom a star Correspondent

LINCOLN, Sept. u.-tSpecial)-In the
fight between the State Railway commits
sion and the allied railroads. precipitated
by the action of these corporations I'm
securing temporary restraining order
against the commission to prevent It from
making a grain rate, the commission is
considering two modes OF procedure. First,
the starting OF "a multiplicity Of hearings on
rates on commodities other than grain. and.
second, the arrest of railroad officials for
every infractlon Of the commission law.
whether grave or trfing. And It may do
both.
The commission may order the arrest Of
George w. Holdrege. general manager OF
the Burlington. because Chairman Winnett
and Commissioner Clarke say the Burling-
ton pass list is not complete, though made
under oath; they claim also that the Bur-
lington west of Grand Island is not comply
ing with the Aldrich is per cent reduction
bk passed by the recent legislature, and
that It has not yet fled its schedule show
ing this reduction on lumber and grain west
of Grand Island
The commission has evidence OF four
teen passes issued by the Burlington
road in Nebraska that were not includCd
in what purported to be a true list fur
nished by the road. The law provides
heavy penalty The filing of false
statement under oath may also be con-
strued as perjury.
Governor Sheldon and Senator Aldrich,
who has been retained as special counsel
for the commission favor starting a null
tiplicity of hearings on other than grain
rates. The commission desires some time
to get its present hearings ended before
doing this. Governor Sheldon today said
May ms Well he Busy.
''If the railroads intend to go into court
and secure an Injunction against the COM
mission every time 1t promulgates an order
or begins a hearing, they may just as
well be kept busy. Should the commission
announce a hearing one day on certain
commodity. a hearing the next day on
another commodity until the rate on every
commodity-or class has been heard and
it has been enjoined on each hearing, one
remedy Is left. l can call an extra session
of the legislature and the railroads may
be compelled to comply with a law maxi
ing a reduction of 70 per cent on all
classes of freight. The railroads have no
right to enjon the commission without
first having put in testimony and the case
has been heard. They are not fair and
have shown no disposition to be fair"
Tle action or the railroads IN securing
an injunction when the commission was
merely taking evidence on the justness of
rate. according to Chairman Winnett
end Commissioner Clarke. justihes their
position taken some time ago in the mat
ter of trying out the constltutionality OF
the Sibley express law. Had they at
tempted to enforce that law or to arrest
anyone under its provisions they say the
result would have been the same as that
in the grain case.
Incidentally. the commission may file
complaints against all the roads except
the Union Pacific and the Northwestern
for failing to file list OF their pass
holders prior to September TO- the date
fixed by law when this information shall
be filed with the commission. The two
roads mentioned are the only ones which
have complied with the law in this re-
spect
Senator Aldrich again expressed his con-
hdence in the ability of the commission
to win out in the injunction suit by reason
of the notice which ne, as representative
of the commission. served on the rail-
road companies and made a part of the
records of the commission.