Omaha daily bee., 1908-11-20
UNION PACIFIC RESTRAINED
Issue Of transportation in Exchange
for Advertising Stopped.
DENE1soE VERDICT REVERSED
Case was one IN which He Secured a
Verdict for Damages Asaunst
the Publishers Of he
Daily News.
tFrcm q tsaff correspondent.l

N@AVAh y - respondent
LINCOLN. Nov. Observation-Disclosures
General Thompson thfs afternoon secured
n restraining order against the Union Pa
eific Railroad company to prevent It from
issuing any transportation on newspaper
advertising contracts or from enterin into
any more contracts with newspapers
whereby transportation Is to be exchanged
Off advertising space. The order was is
sued by the supreme. court and the hearing
is set for the second. sitting Of the court
in January. The state gave a bond of
1900.
Tho attorney general concluded his petit
tion as follows:
Wherefore, plaintiff prays that defend
ant It's Officers, agents, attorneys, servants
ana employees be restrained, until the fur
lher order Of the court. from recognizing
contracts, or any other contracts OF like
import; from further execution or issuance
OF such contracts, or contracts of like I'M
port; from complying with the terms OF
Baid contracts, or with the terms Of con-
tracts OF like import, and from issuing or
accepting, on the terms in said contract
described, or on terms of like import. any
ticket, pass, mileage or transportation of
any nature for the transportation OF pas
bengers over defendants lines of railway
between places wholly within The state of
Nebraska, and upon the final hearing Of
this cause that said preliminary restraining
order be made perpetual and all of said
newspaper advertising contracts, and the
transportation Issued pursuant TO the terms
of said contracts. be decreed unlawful, nun
and void. and that defendant. its officers,
agents, attorneys, servants and employees
be perpetually enjoined by decree OF this
court from making, executing or delivering
any OF said contracts, or contracts of like
import, and from issuing pursuant to the
transportatIon OF anv nature. from The M IL.
lawful determinations and other unlawful
practices IN plaintiffs petition described,
ana from inyenting and carrying out any
other unlawful device 10 evade and cheat
the laws of the state of Nebraska and 10
prevent The state of Nebraska from exercls-
ing Its powers to control it's internal COM
merce, and to regulate defendants rates
Tor and services Ia transporting passengers
between places wholly within the state OF
Nebraska on defendants lines OF railway.
Plaintiff further prays for such other
further or different relief as equity and
of suit.
In his petition the attorney general set.
out the 2-cent fare bill and calls attention
to the. railway commission law. which pre-
vents determination In rates, and the anti
pass law. Continuing, the petition says:
None OF the said persons to whom SAID
transportation was by defendant ISSUED
was, or is. an employee who devotes tn,
major portion of his or her time to tn,
services of defendant. Neither does any
one of them come Within v class of per
sons to whom defendant H. 'awfully issul
a free ticket, free pass, or Fansporta
tion In any form, but defends., D.. by sale
-HA H1oo raw " llNlt u lbSuG Ut XIV
to any of said persons amy free ticket
free pass, or free transportation in an,
form,: for the transportation of passenger
over Its lines OF road in the state of Ne
braska,'" and said transportation was FIRE,
transportation within the meaning of saiC
act, and the said provisions thereof, ant
was unlawful and void.
Each Item of said transportation ISSUED
under and pursuant to said purported con
tract, on the terms therein stated, consti
ftutes an unlawful change from the regula
statutory rate OF 2 cents a mile for eacl
passenger, as established and executed b.
defendant from passengers generally in tn
state of Nebraska under the said provision
OF the said 2-cent fare law. and defendan
has nevre applied to the Nebraska Stat
Railway commission for, nor has said com
Emission permitted, a change in passenger
the rates, terms and conditions in said pur
ported contract described, and all OF sait
transportation was, and is, unauthorized b!
any law OF the state of Nebraska, but con
trary thereto, is null and void, and is
\ direct violation of the law.
Y Each item of said transportation issues
under and pursuant to said purported con
tract, on terms therein stated, also consti
tutes a special rate, rebate. device, untus
discrimination, unreasonable preference an
advantage In favor Of the said person I
whom said transportation was by defendan
issued and against passengers generally 4
the state of Nebraska, was and is a viola
tion of the said provisions of the said rail
way commission act, and is inequitable, un
considerable, unlawful and void.
DenIsOu Case Reversed.
The Judgment for $500 obtained b
Thomas Dennison against the Daily New
Publishing company of Omaha on accoun
of alleged libel was reversed today in tn