Omaha daily bee., 1907-09-11
7. c. MUNGER ISSUES THE ORDER
Hearing on the Application of Roads
Set for September %.
COMMISSION CAN TAKE EVIDENCE
No Ruling Can Be Made, However,
Pending Decision of Court.
FIGHT ALL ALONG THE LINE
Indications Railroads VIII Appeal 70
Court Against Any and Every Or
der Reducing Rates---Com-
mission Ready TO Fight.
(From a stan correspondent


(From a Stafr Correspondent)
| LINCOLN, Sept. 10 Special )--WhilC
| the railway commission was hearing cvi-
| dencc from the Burlington In the matter
of the reduction Of grain rates. the MEM
bers were each served with q restrain
| ing order from the federal court. This
| restraining order, which is temporary,
provides that the commission cannot
| notify the various railroads interested to
put in rate schedule on grain. Tho
hearing is set for September % in Omaha,
| Under the order the commission may
proceed and take evidence in the case,
but should it decide to make formal its
! tentative schedule 1t would be unable to
make the same effective. However, tho
| Union Pacific case will be called tomor-
| row as planned and record made,
though no testimony will be taken.
| The railroad attorneys swooped down
| on the federal court early this morning
| while the railway commission awaited
| their coming, and asked orally for an
! injunction against the commission to re-
strain 1t from putting into effect Its pro-
posed low rate schedule. Judge Munger
| promised an answer at IL o'clock and
| the lawyers then proceeded to the state
| house and began giving testimony. At
| the noon hour the railroad representa-
| tives again called on Judge T. c. Mum
ger and asked for the order which they
got, after Judge Munger had consulted
with Judge w. II. Munger of Omaha.
| 1t was late this afternoon when James
! Kelby for the Burlington Informed the
commission officially that the restraining
order had been issued I'VE have been
driven to this" he said. I'VE have asked
for a hearing and It has been denied us.
We did not want to go into the court but
! as last resort we were compelled to-
"It didn't take much to start YOU" said
Attorney Aldrich, who has been retained
| to assist the commission during this
hearing.
GIVE us chance to make showing
added Kelby.
go right ahead now" said Aldrich, nov
is your chance"
''Yes, but we have sworn that we need
ninety days in which to prepare for
hearing We cannot perjure ourselves" re-
piled Kelby.
Senator Aldrich got It into the records
of the commission this morning that the
hearing was merely for the purpose of see
ing whether the present rates are too high.
Mr Aldrich has put quite a different inter-
preation on the law than that of the com
mission He holds that It was not neces'
sary for the commission to get up
schedule of rates but merely to notify the
railroads that a hearing would be had and
the present rates Investigated to sec II they
are too high. Then after the hearing It
would be up to the commission to make
rate. The way the commission has pro-
ceeded would make 1t easy for the railroads
to secure an injunction but II It was OF
record that the hearing was merely an
investigation. no injunction could ISSUE
Senator Aldrich said there was absolutely
e,r q tgot1 of at nd
ing order inasmuch as the records show
this hearing is for the purpose Of investi-
eating the present rates and that the COM
mission had no intention of doing irrepara-
BILE injury to the railroads.
Text of the Order.
And upon application of the said com.
plainant and upan consideration of the bill
to the court that the necessity therefor
exists; tits ordered that the said defend
ants Hudson j. Winne,tt' j; a; ;,p Williams ms
Nebraska State Railway commission, and
! each of them be and they. and each Of
thcnn hereby are restrained ard e~iN'ned
until the hearing and final determination
of the said application for temporary in
junction herein from mailing to the Union
Pacific Railroad company any copies or
copy of any order reducing the rates for
the transportation of corn, wheat. broom
corn linseed meal, fiaxseed and other grain.
to the said Union Pacific Railroed company
OF any order OF said board reducing the
rates for the transportation Of corn, wheat,
broom corn, linseed meal, flaxseed and other
grain, in the state of Nebraska. charged
and maintained by the said Union Pa
cific Railroad company upon the complaint
aforesaid giving bond I'm the sum Of $40
100000 conditioned according TO law 10 be
approved by the clerk Of this court.
G. e. Spens. assistant freight agent Of
the Burlington, and Assistant General
Traffic Manager Crosby of the same road
made a showing in an attempt 10 show
that Nebraska grain rates were not too
high. They claimed Omaha is not a prl-
mary market, but merely a resting place
for grain going east, and that the prize
OF grain paid there is based on the east
ern markets. To lower the rates they
claimed would not help the producer at
all, but instead would deprive him OF the
competition from other markets. Tho
rates from several towns to Omaha and
Kansas City were quoted to show that the
producer had the best of II under the
present rates Local rates IN IoWa
should not be compared with the Me-
braska rates, they contended.
Fight All Along the Line.
The railroads OF Nebraska are going to
fight to a finish every order Of the raiI-
way commission tending TO lower freight
rates or in any way interfering with the
roads. There will be no appeals to the
sympathy OF the people. but a straight
out-and-out fight I'm the courts. Every
order will be contested. This was the
sentiment expressed by a railroad man
here this morning. The fght started with
the application Of the allied railroads for
an Injunction against the commission
this morning. All Of the railroads I'm the
state are In the combine and what one
does all will sanction. Even the North
western. the only good railroad" is IN
the game and will fight along with tho
others.
on the other hand the commission ex-
pressed itself as being through with tenn
pOrizing and from now on will issus
orders and have them obeyed ThfE some
one is shortly 10 be arrested there seems
not the least doubt Thi scannot be
done, Of course, until the commission
issues an order, but in the very near