Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-09-28
GRAIN REDUCTION FUTILE
Railroad Commission Says it Has
Taken Wrong Action.
INDIVIDUAL COMPLAINT NEEDFUL
IL No one Else Files IL, Governor
sheldon VIII Take the Initiative
ON His Return from
Iowa.
(From a stan Correspondents }


LINCOLN, Sept. H.-(special) )-Unless a
written complaint is made the railway COM
mission has no authority to change the
rates on live stock, potatoes, grain and
grain products, fruit coal, lumber or build
ing material in carload lots within the
state. The Aldrich Is per cent reduction
law enacted by the recent legislature pre-
cludes any initiative action which the com
misSion might take and would render void
any order it might issue on the hearing
which was interrupted by the federal court
injunction. The Aldrich bill was one of
the last passed by the legislature and be-
came a law after the commission law was
enacted. 1t is therefore held to control,
not only by the commission, but by others
who have investigated. After providing
for 10 per cent reduction on the commodi-
ties named 1t says:
Section 2 (reasonableness of rates)-The
State Railway commission shall have the
power to hear and determine whether or
not the freight rate upon any article or
articles in such schedule or classification
OF rates is either so high as to be unjust
TO shippers, or so low as to be unremunera-
tive or unjust to any common carrier af-
fected thereby. and upon complaint, in
writing, OF any person or corporation af-
tected thereby, particularly specifying the
are either too high or too low and the
facts In connection Herewith, said railway
near
ing and upon a trial thereon and a full
hearing after notice thereof shall either
raise or lower tho rate herein fixed upon
such article or articles to the end that the
same shall be Just and reasonable to all
parties concerned
Nothing Doing Mt Present.
The commission has come to the con-
clusion 1t got off on the wrong foot when
1t attempted to put grain rate in effect
without waiting for complaint to be filed
by some interested shipper. For that rea-
son nothing more will be done by the COM
mission in the matter of grain rates or
rates on any of the commodities men,
TONED in the maximum rate bill. II It
should issue a schedule of grain rates the
same, 1t is believed, would be void unless
preceding the issuance of the order some
one filed complaint and a hearing was
given the railroads.
The commission, however, has the au-
thority to go ahead and reduce rates on
commodities not mentioned in the Aldrich
law and it may do this while waiting for
a complaint to be filed. While It is thought
shippers will be slow to file complaints
against specific rates, as in individual
cases, 1t has been found that shippers
fear the result of fight with the common
carriers it is likely relief will come in
the person of Governor Sheldon. He be-
lieves grain rates are too high and he
wants the rate reduced; consequently unless
someone files a complaint during his alb
sence with the president he himself will
get busy and father the charge against
the railroads.
Governor Sheldon is well pleased with the
decision of the federal court In the grain
case, as 1t permits the railway commission
to so ahead and make grain rates as soon
az a comnlaint 10 f1led
The decision of the court certainly an
swers the democratic and populist plat
form planks, declaring the railway commits
sion has no power" said Attorney Cen
eral Thompson. THE opinion makes it
clear that the commission has the power
to make rates Judge Loomis and all the
other democrats and pops have certainly
been overruled by the federal court"
Judge W. d. McHugh of Omaha today
demanded a hearing in the grain cases
before the record of the federal court
is made up, in which the railroads were
refused injunctions against the State
Railway commission. He calle dthe clerk
of the Lincoln division by telephone and
warned him not to make up the records
for the present. McHugh represents the
Burlington.