Omaha daily bee., 1908-08-19
HEARING IN EXPRESS CASE
State Seeks to Enjoin Company from
Violating sibley Law.
EARNINGS INCREASE UNDER IT
Omaha Banker visit Lincoln 70
Discuss Assessment, hut Find
Members of the Board
Absent.
lFrom a staff corresnondentl

+ oAA n 1hNA ~ A'eRbAANAfAANH
LINCOLN, Aug. 1S.-(special)-Evidenc
was taken today in the case brought by
the state TO make permanent its temporary
injunction issued against the wells-Fargo
Express company to prevent that company
from violating the sibley % per cent re-
duction law. Attorney General Thompson
appeared for the state and Ralph Breckin-
ridge OF Omaha for the express company.
u. @. Powell, rate clerk in the office Of
the Railway commission, and l.. e. Welt
Tins were examined as witnesses. Mr.. Pow
Y ELL testified as an expert, giving a COM
' ~pilstlon of the records in his office to show
the earnings OF the company since the Slb-
ley law became operative. He showed first
that in apportioning the earnings on inter-
state business to the state, the express
company charged up to Nebraska the total
expense and gave to the state only a por-
ton OF the earnings. For instance, II a
package upon which the charges we're $40
were shipped from Fairfield to a point out
side OF the state, the agent would get 81
for his work. and this 81 would be charged
to the Nebraska revenue, when. as a mat
ter OF fact, Nebraska's part of the income
may not be more than the 81. He insisted
that II the revenues accredited to Nebraska
is only 81, then the amount charged to ex-
pense in Nebraska should be only 10 cents,
or one-tenth OF the income on the ship
ment.
The revenue of the company for state and
interstate business credited to Nebraska, he
p testified, for three months, April, May and
June, amounted to 341 ,907.4 6 for 1907, and for
1908 A4, 269.s SO. or an increase in business in
those three months of S. 1862. AZ. For July,
1901, the revenue amounted to S14, 1904 and
expenses to S1.74s.47. For July, 1908, the
{ revenue amounted to 81, 154.99 and the ex-
penses to $~2,057.52. The income increased.
! therefore,, 16 per cent and the expenses Of
the company ~ under the operation of the
Sibley law.
Attorney General w. T. Thompson today
filed a motion with the clerk of the supreme
court asking for judgment against the
Adams Express company IT. the suit for a
perpetual injunction to pr mt the viola
tion of the slbley law. will cut rates %
per cent. In his motion, he asked the
referee and the court to rule that the evi.
dence introduced by the defendant company
is insufficient to constitute a defense.
Express Revenues Increase,
While the law fathered by Senator sibley
of Lincoln county reducing express charges
% per cent was bitterly fought by the ex-
press companies, its operation not only
saved the people of the state lots of money,
but it has also resulted in increased busl-
ness for the express companies. The re-
ports on file in the office OF the railway
commission show that the business of the
L Pacific Express company Increased during
April, May and June, 1908, over the same
months In 1907 10 per cent. The increase in
expenses amounted to only 6 per cert. The
revenues Of the Wells-Fargo Express COM
pany increased IS per cent and its expenses
increased only ~ per cent. The business
of all the express companies increased II
per cert during the months Of. April, May
and June, 1895, over 1907. This is taken as
evidence that the express companies had
no reason to discharge employees and reduct
their wages by reason of republican legisla-
? tion.
Big Rally mt Aurora
A big republican rally is to be held al
Aurora August %. Senator Brown, Speaker
y Nettleton ard others will speak and many
Of the state officers expect to attend. This
rally was set for an earlier date, but was
postponed.
Omaha Bcnkers In city.
c. +. McGrew and Luther Drake. bank
ers Of Omaha, called at the state house
this morning TO discuss with members of
State Board OF Equalization the matter of
the assessment of Omaha banks. Only
TWO members OF the board being present
4 the banke will come back later.
\ The state board has completed the equali-
zatlon of all property in the state ex-
49,