Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-09
BISMARCK DAILY TRRuNE e1so7

81 01tAIS&F<7kS fAlkr YS5l fftBCNE-y n
1t is better to charge everyone and
then the railroad companies can at
ford to carry everyone cheaper The
railroads being for the use of the pub.
lie, there is no reason why one person
should have an advantage over an
other in that respect. ~ i.5s
Because Of the magnitude Of the
railroad interests. think it is a
especially wrong for public official
to accept passes from a railroad com
pany He does not have the pass be
fore the Office and he loses the pass
when he loses the Office. The cor.
poration understands human nature
and knows that it is natural to return
favors and that the public official
honest, as the world goes, remembers
the favor and is inclined to be inactive
In the passage Of and in the enforce
ment Of laws regulating and con.
trolling railroads. "A public official
ought to be in a position where he can
enact, enforce, or interpret all law for
the common good and general welfare
Iof the public without embarrassment
to himself, and this he will find hard
to do while his pockets are full of rail
road passes. therefore recommend
the enactment Of an anti-pass law to
further supplement the rate bilr' and
to enable the railroad companies in
this state to reduce their rates for
carrying passengers,
Railroad Regulation.
It is now settled that because rail
roads are for the use of the public,
1.-THE public, through the legislature, has
a right to control and regulate them,
$50 long as the regulations are reason.
| fable. This control includes the right
to fix reasonable passenger rates, the
right to regulate the condition of the
road bed, and the right to compel the
railroad companies to furnish proper
and reasonable equipment and cars to
the public. The regulation may be
| direct legislation or the power to
\ make such reasonable regulations may
| be delegated by the legislature to the
railroad commissioners. The latter is
the more practical, if your railroad
commissioners will act, or If your law,
delegating to them the power is suf.
| icient to compel their action. The
reason why such a law is the more
practical is because it is very difficult
Ito make a hard and fast rule fixing
! passenger and freight rates and the
| furnishing of cars and equipments
Reasonable rates under certain cir
cumstances and conditions might be
| unreasonable under different circum
stances and conditions, and with the
4 power in the railroad commissioners
the conditions could always be me-
with reasonable regulation.
We have had, however, since 1897
4 a law containing mandatory pro
/ vision requiring the railroad commits
sioners to make a schedule of reason
able maximum rates for the trans
portation of passengers and freight II
this state. The law referred to being
section 4343 Of the revised codes o
1905. If this law is enforced it il
probably sufficient, so far as a dele
gation Of power to the railroad com
lmissioners is concerned. If yot
should conclude that hte power shoult
not be delegated to the commission
ers, but that the rates should be fixed
by statute, you should be governed II
fixing the rate by the rule laid down
by the supreme court Of the United
States in the case Of the Chicago, Mil