Omaha daily bee., 1907-06-17
BLOCK FOR PLANS OF ROADS
States Rate Suit So Construed by
Railway Attorneys.
ONE SAYS CoNFEssEs WEAKNESS
Utterance of John NJ. Baldwin, who
Asserts Law, ~ valid, Carries
It's own Power of
Enforcement.

part OF the state. II the laws are valid
they carry their own power Of enforcement.
John N. Baldwin, general solicitor OF the
! Union Pacific, referring to the injunction
suit hled by the state in the supreme court
to compel recognition by the railroads OF
the 2cent passenger fare and the Aldrich
freight rate laws.
! can conceive Of no other purpose by
the state than to anticipate the action OF
! the railroads to protest the law. Our road
never signfed an intention Of this kind
Pacific
In stating his views OF the case. Mr. Bald
| win took occasion to correct certain reports
arising from his address before the Ne
braska Railway commission recently. say
ing he had been misquoted and his utter
ances misconstrued Both attorneys said
their roads and the others of Nebraska
had placed In effect the 2-cent fare as soon
as the law became operative, but pointed
out that the Aldrich bill did not become
effective until July 8 as It carried no
emergency clause.
J. E. Kelby, attorney for the Burlington,
who has had this rate case matter in hand
for his road, is out of the city.
Mr.. Baldwin states His Views.
THE suits brought by the state on re-
lation Of the railway commission against
certain of the railroads are certainly novel
and unheard Of In judicial procedure" said
Mr.. Baldwin. 1T is a confession of weak
ness upon the part OF the state. These
statutes in question are clear and manda-
tory. II they are valid and constitutional
they are easily enforced. The provisions
| are direct and clear. The railroads are d.
rected to make certain charges and no
more for the transportation of passengers
| and certain commodities. In case Of viola
ton oppressive and drastic penalties are
imposed Again, many provisions in the
general statutes are made for the enforce
ment of these laws. A tribunal, the State
Railway commission, is especially created
to see to the enforcement OF these laws and
to investigate violations thereof and insti-
tute proceedings for the imposition of heavy
fines and penalties. There are, however.
clear, speedy and adequate remedies at law
for the enforcement of these acts and for
the protection of the rights Of the people
Of this state. And yet these officials now
| appeal to the highegt tribunal in the state
for equitable relief. They ask for the
founding relief of injunction against the
| commission OF offenses or acts against the
peace and dignity OF the state. II these
laws are valid and constitutional they can
be enforced and those who violate them
heavily penalzed. Would the state ask
mandatory injunction against an individual
requiring him not to commit murder2
'T have no fear of the states action
so far, as the Union Pacific is concerned,
II these laws are constitutional and valid.
the Union Pacific win obey them. II they
are not the state should not ask for the
enforcement OF their provisions. had
thought these questions would be calmly
and judiciously determined in the proper
form and forum.
Il would like to say in this connection
| that certain reports with reference to
my remarks before the Nebraska Railway
| commission at Lincoln are incorrect. There
has been some discussion, editorialy and
by special communications to the papers
In the state, based upon the alleged fact
that 1 had stated before the commission
that the states had lost their power I
| never said anything of this kind. / never
said anything akin to 1t. never said
| anything that could be distorted into any
such meaning. There was nothing in my
remarks from which such inference
| could possibly be drawn. l made no ref
erence whatsoever to this legal question.
My remarks were taken down by the Of
fleial reporter Of the commission and
what 1 said can be definitely ascertsined.
Doubt as TO Power and Duties.
II will say now however. that In my
Judgment there is a serious question pre-
sented as TO the relative powers and duties
| of the state and federal governments.
There has grown up such intimate and
necessary relation between interstate and
local traffic and of the rates OF charges
thereon in order to handle the great vol
ume OF business In this country, that the
carriers have had to make these rates,
! state and interstate, by a consideration
! of al conditions III hofh ha
never acted upon the consideration OF one
of these classes taken by itself The
necessity of this, in my Judgment, has
been clearly demonstrated in judicial hear
ings and Investigations. This being so.
whenever a state reduces a rate locally
| or on the intTa-state part OF the tranic it
necessarily affects the whole system OF
state and interstate rates. reduction
in Nebraska upon either freight or pas
senger rates necessarily compels change
| and possible reduction upon interstate
rates and upon state rates in the territory
covering a number OF tributary states.
| II this be true, II necessarily affects in
terstate commerce, the regulation OF which
is exclusively committed to congress. The
two classes OF rates, state and interstate,
are intimately related and connected to-
gether. The business OF an interstate
| carrier, being business which both be-
gins and ends within one state and which
passes through and over different states, Il
| may be I'm Its sphere OF action and in all
its varying ramihcations and diversities
beyond the constitutional capacity OF the
state to regulate. 1t may be that in this
sense and because OF the great and press
ing exigencies OF the business of the car
riers IN this country that In this one par
| ticular at least the Jurisdiction and con-
troll OF carriers will ultimately find lodg-
ment in the federal power"
Our road and all others have had the
| 2-cent passenger fare In effect since the
law became operative" said John F. Stout,
= attorney for the Missouri Pacific railroad
in reference to the suit filed by Attorney
| General Thompson In the supreme court
to enjoin the railroads OF Nebraska from
| enforcing any other rates than those con-
/ templated in the 2-cent fare law for pas
I senger and Aldrich law for freight
THE only object / can conceive OF the
state is to anticipate action by certain
railroads 70 contest the new laws. You
know the Union Pacific. Burlington and
Rock Island have signihed their intention
10 file contest action and similar laws are
similarly being attacked IN Missouri Well