Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-06
PASSES and RATES

" o llu IoikS I1eIdld: Inc state house.
OF representatives by large vote, has
passed House Bill Is, fixing two cents
per mile as the maximum passenger rate
TO be charged for passenger transporta-
ton ton within the state, and prohibiting the
issuance or use Of passes except to GER
tain specified classes of persons. The
Herald believes, as it has often stated,
that it is a mistake to combine these two
i features in one bill For one thing such
combination distorts the entire subject
It gives the bill the appearance Of bar
gain and sale. It places the state in the
attitude of saying to the railroads I'VE
will will make you carry passengers for two
cents mile, but in return we will re-
lieve you Of the burden of carrying peo-
pie free; and to- the people. tsWe will
tax. take away your passes, but in return we
Will give you a two cent rate = There
should be nothing Of this sort in connec-
ton with any law, No matter what
rates are charged, the issue Of passes
should be prohibited, because the pass is
a fruitful source Of evil Proper rates
should be charged for the transportation
OF passengers, regardless of the DISPOSE
ton of the pass question Il
IS But there is another objection to the
combination of these features in one bill.
The state cannot impose on the railroads
rates which are not reasonable, that is,
which do not yield to the roads reason
able revenue The reasonableness Of the
rate is a matter fol. the determination,
not of the legislature, but Of the courts.
If the roads do not choose voluntarily
to accept the two cent rate it will be
necessary for the state to bring action
through the courts to enforce the rate.
We cannot tell in advance what the de-
cision OF the courts may be on the sub
ject, for we have no means of knowing
what facts will be placed before the court
to form the basis of its judgment The
rate may be sustained, and it may not
be. If not, the result may be the annul-
ment of the entire law It is not abso-
lutely certain that decision against the
rate feature of the bill would wipe out
the anti-pass feature, but there's at least
an even chance that it would do SO. In
that case we would get right back to the
present basis, and nothing would have
been gained. 5sls 81 =3s &.
The Herald believes that the interests
of the state demand the consideration of
these two questions separately, and each
on its own merits. Something has been
said about placing members of the house
and senate on record What is wanted
IS not the placing Of people on record,
but the enactment Of laws that viii bring
good results. of the two features of this
BILL the Herald believes that more practi-
cal good win result from the abolition of
the pass than can be expected from the
lowering of the passenger rate. 1t will
be poor consolation to find, some
months hence, that while we have neither
Ia lower passenger rate nor al, anti-pass
law, at least one of which we might have
had BY the separation Of the two issues,
THAT we have placed few legislators on
Erecord And, as a matter Of fact, what
| is such q record worth as an indication
of the aims and intents of 4 legislator
When the member votes against tbs
combination bill, against what is he vot.
ing? Does he oppose this feature q
THAT, or both Separate Che two qaes-
tons, and there is a possibility Of Great.