Omaha daily bee., 1908-04-23
STATE WINS in EXPRESSCASE
Judge Munger Again Denies Injunc-
tion of Sibley Act.
ATTORNEY GENERAL INDICATED
Federal Court Refuses to Prevent the
20 Per Cent Reduction I'm Rates
of the Express Cor
pOrntiOns.

Judge w. H. Munger has again denied the
application OF the five express companies
doing business in Nebraskai-Adams, Ameri-
can, Pacific, wells-Fargo and United
States-for an injunction restraining the
state of Nebraska from enforcing the pro-
visions of the Sibiey act which reduces the
express rates in this state Is per cent.
After reciting the cause of action the
opinion concluded:
order No. IL of the State Railway COM
mission (Which required the several ex-
press companies to submit to the commits
sion monthly reports of the amount of bust-
ness done by them beginning with April i,
19OS), is not based upon the provisions OF
the Sibey act. The right of the railway
comission to issue the order. IL such right
exists at all, is by virtue OF the act OF
the legislature commonly known as the
railway commission act. AS the suit pend
ing in this court seeks only to prevent the
enforcement of said act (the Sibley act,
being chapter 81 of the session laws of 1901
and to have that statute declared uncon-
stitutional, depriving the compliments
out due process Of law the object and pur-
poses Of that law Is not broad enough 10
restrain the order of the commission com ON
enactment should be declared unconstitu-
tional and the defendants enjoined from
enforcing any of it's provisions, such tudg-
ment could not prevent the railway commits
sion from requiring information as called
for by Order No. y. There is nothlng IN
have done or are determining to do any
act looking to the enforcement OF the
statute in question (sibley acO excepting
ton an ascertainment OF its validity, which
is the proper steps for the defendants to
take before seeking to enforce Its penal
provisions.
Vindication of Thompson.
The decision of Judge Munger is a COM
plete vindlcation of the position taken by
Attorney General Thompson in his argu-
ment before the United States circuit court
last Saturday At this time the attorneys
for the express companies asked for tenn
pcrary order Of injunction to restrain the
State Railway commission from enforcing
it's order No. Il on the ground that such
order was seeking to enforce the conditions
of the Sibley act, the constitutionality of
which had not yet been passed upon by the
supreme court OF the state, and that 1t was
direct violation of an agreement between
the express companies and the attorney
general at the time an injunction was ap-
piled for in the United States court at
Omaha in July. 1907. where 1t was agreed
that no further action would be taken under
the Sibley act until its constitutionality was
affirmed. The express company attorneys
claim that it was with this understanding
that the case was remanded to the state
courts at that time and the injunction
| prayed for was denied.
Attorney General Thompson held at the
hearing last Saturday that Order No. L
has nothing to do with the sibley law but
that the order was issued simply to secure
data from the express companies TO ascer-
! tain If the reduction OF Is per cent in rates
as provided by the Sibley law involved a
confiscation of property as a means to
enlighten the supreme court on the ques-
ton OF its constitutionality.