The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-03-20
II IS NOT A SHAM BATTLE
FIGHT FOR ENFORCEMENT OF
NEW LAWS IN EARNEST.
IMPORTANT VICTORY NOW WON.
Recent DECISION In Express Rate
Cases Marks an Epoch In History
Time Required to Establish Validity
Of New Laws.

Cases Marks an Epoch In History
Time Required to Establish Validity
Of New Laws.
Lincoln, March l4.--When honest
laws affecting the interests OF power.
full corporations are enacted, as was
done by the last session of the Ne.
braska legislature, 1t is to be expect
ed that they will not be complied with
until every point of attack has been
assailed and successfully defended.
Dishonest laws--laws passed with the
consent of affected special interests
for the purpose of deceiving the pub
lie and temporarily quieting its unrest
are accepted without protest. Wit
ness the old state board of transporta.
ton, whose authority was never ques-
toned by the railroads until serious
effort was made to assert 1t, when the
law was taken into court and found to
be technically invalid.
That many recent laws are now
pending in the highest courts OF the
state and nation is the best guarantee
of the sincerity of their authors and
! the squareness of the men charged
with the duty of enforcing them. Az.
ter the slow-moving wheels Of justice
have finally established their validity
the people will have something real
and tangible In the way of results
not a hodge-podge of worthless laws
passed by corporation influence for
the special purpose of being set aside
| in case they threaten to disturb e4
tablshed conditions.
| Having provided commission for
the enforcement of laws to regulate |
common carriers the legislature pro-
eeeded to pass an act creating and
defining its duties This law is re.
coanized as one of the broadcast and
st longest railway commission laws in
force in any state of the Union. 1t
was supplemented by Legislation such
as tbs two cent fare law, the Aldrich |
act, re&ucing freight rates " per cent
on live stock, grain, etc. tlie act re-
ducing express rates % per" cent, an
anti-pass law, an interCfHfpg eabIe
mileage BOOK law, and mat3 other
laws of a similar nature.
Some OF these laws carried the |
emergency clause and became effect |
i've immed iately. Others toola the
regular constitutional limit of three
months, besoming effective JuIg S. !
E1907- On June 5 81 protest was filed |
with the commission by certain rail-
lmad companies intbmsting that the |
swo-cPat fare law and the maximum
freight rate law were about tG' be
attacked, and it was inferred tiiat
tIOs taworite corporation weapon--an
Injunction FROM a federal COUNT
would, be selected.
'Aie' railway commission, acting in
construction with the attorney gan
eral,. fOrestalled this action on Jane |
Is by filing psstitiop in the state
supreme court for an injunction to
preVHt the railroads from putting
intou effect amy other rate than that |
fixedt by the AldrSth bill and to ore.
vent violations of the antipass law,
the tMoAGent fare law and the ORDERS
of the commission The railroads
prompi1% removed this case to The |
federal. court and the state responded
with mamamUs proceedings to CONF
pei thu federal district judges to! re-
mand il to the state court. The final
stage of the controversy will be
| reachE#t next week in the United
| States Supreme Court at Washing ton,
| when the states attorneys will make
argument in support of their posi-
ton. This case has attracted wide
attention as ONE of the clearesE and
strongest presentations in history of
| the night of a state to enforne its
laws: through it's own courts.
| I'm the meantime the Aldriet law,
the Gxo-cent fare law and the railway
mission law are in full force and
effect, this suit being simply for the
purpose of permanently establishing
thair validity.
Ora July 5, 1907, the very day on
Which the Sibley express rage bin be-
! came effective, the attorney general,
by direction of the commission, filed
a. petition in the supreme court for
: ar injunction to restrain the express
companies from violating it. An at
, tempt to remove this case to the fed
eral court was made, but failed, The
case was decided in favor of the stare
} on the 9Th of the present month in a
: decision which is recognized as of the
highest Importance by jurists every.
/ where. This ruling is distinct
, triumph for the legal department of
: the state and a vindicatiOn IT the
| course pursued by the railway com
mission. The right of the state to
5 bring a SUR in equity in It's own
courts to require obedience 20 its own
laws is established, and it is believed
will have an important bearing upon
the railroad cases referred to above.
q The express companies are rtqusred
O to show cause, if any at the next
h Sitting of court, March H. why an
t injunction should not be granted re
v curing them to pat into effect the
ratng by Iau