Omaha daily bee., 1907-12-17

RATE CASE TAKEN UP
Attorney General Thompson Files Pc
titiOn With Supreme Court.
ASKS MANDANTUs AGAINST JUDGES
Request That Burlington Suit Be Re.
mAnded TO State Court
RULING OF MUNGERS ATTACKED
Allegation That Contention That State
is Not Plaintiff Denied.
CHARGES IN THE PETITION
Railroad Is Accused of EStortiOn and
OF nefyiAg Nebraska OmeeFs In
the DlseharEe of Thsir
LEGAL Datiea.
CHARGES IN THE PETITION

WASHINGTON. Dec. ls-Attorney Cen
sral Thompson OF Nebraska today filed In
the supreme court Of the United States a
petition for q writ OF mandamus compelling
United states Circuit Judges william II.
Munger and Thomas c. Munger TO remand
20 the Nebraska supreme court the case
of the state OF Nebraska against the Chi
cago. burlington a oninoy Railroad com
pany. which was originally brought In the
state supreme court 'to enjoin the rail-
road company from injurins the public by
charging for rs iutrastate services as a
common carrier In the state Of Nebraska
unlawful and extortlonate rates and from
defying Nebraska officers In discharging
their lawful duties,"
The case was originally instituted I'm the
supreme court OF the state on June Is, last,
and In the following July was removed to
the United states circuit court on the pc
tition of the railroad company under the
law OF 1887. authorizing that court to exer-
else jurisdiction in suits between the ciu1
Gems OF different states which involve over
5000 The state Immediately made an ef-
fort TO have the federal courts remand the
case on the ground the state Itself was not
a citizen In the serse that word was used
in the Jaw. but Judges Munger and Munger.
sitting as a circuit court. denied the petit
tlon on the ground that the state was not
a real party 20 the case. The state then
decided to present the matter to the fed
eral supreme court, as Il did today IN the
shape Of petition for an order compelling
the United States circuit court to send the
case back to the state courts,
New Rate Law InvSIved.
MI -. A.
ute enacted By the last legislature OF Ne
brasks. establishing a passenger rate OF
cents per mile, prohibiting the issuance OF
passes and reducing certain freight rates
20 Inc extent of Is per cent OF the other
rates on intrastate business. In his petit
lion to the supreme court OF the United
States, Mr. Thompson SAYS:
AFTER such statutes had gone into effec
and when II was the duty of all common
eartaeFxlg asehrsska to obey said laws. ths
Chicago, Burlington & Quincy Railroad
company disobeyed or threatened to vio
late them and defed the authority of thu
Nebraska State Railway commission in tbs
enforcement OF such laws Prior to tn,
enactment OF such statutes. the Interstate
trafic Of the railroad company was prac
tically without restraint or control and IL
influence was then and is now so great
its capacity so formidable and its power
of oppression, discrimination and extortiol
50 varied and far-reaching that individua
citizens Of the state were and are who'll,
unable to cope OF ltigate with it or pro
tect themselves in controversies arisini
from unreasonable and extortionat
charges"
Hence the contention that only the stat
Itself was strong enough to stand agains
the company IN a suit.