Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-25

roads strenuously objected, believing
that such rates were in effect confis-
catory.
Il would not want to say, either,
that the roads will not increase the
passenger rate in view of the decision
The rate may not be restored to 3
cents, hut it is possible that the roads
may Jointly agree to increase the rate
to 21a cents mile, the rate now IN
effect in North Dakota"
Stckney Waits for Conference.
A. B. Stickney. one of the receivers
of the Chicago Great Western railroad
was asked directly IL that road would
charge a passenger fare of cents a
mile hereafter.
"Not unless the other roads decide
to-" said Mr.. Stickney land the same
applies to merchandise rate. No road
can act individually on its own Volt
ton, in this matter One road cannot
make a Scent fare stick unless COM
peting systems do likewise. The roads
won't know what their cause Of action
will be until they have had confer
ence.
LAS to the unconstitutionality of
the rate law, / don't understand that
the supreme court has questioned the
right of the state government to regu-
late railroad rates. 1t has simply put
it's foot down on the proposition to
make penalties for violation of the law
so excessive that the roads would be
denied hearing in court. If the legis-
lature had made the penalties less bur-
densome, I doubt If the supreme court
FOL Qrtinn ~ has
That was the chief objection OF the
roads I don't think any state should
have the right deliberately to enact
legislation with penalty provisions of
such character as would absolutely
prevent railroads from having any
legal recourse. I am convinced that the
Minnesota rate law, as applied to com
modify rates, was framed with the
modify rates, was framed with that
very idea in view, deny the roads the
right of legal redress.
Attorney General Young is indulg-
ing in boys talk when he says that
states rights as general proposition
have been seriously interfered with or
that the eleventh amendment has been
nullified"
"If careful reading Of the supreme
court decision really indicates that the
Minnesota rate law is unconstitutional
there is nothing to prevent the legisla-
ture from enacting another rate law. in
which the penalties could be made less
excessive"
President Days View.
The railroad point of view Is out
lined by General Manager and Vice
President l.. F. Day, Of the Minneapolis
& ST. Louis road thus:
1--WE have not received the full text
of the decision and I am not able to
say what effect. II any, it will have
on the rates in this state. The decision
as rendered is in the line of our ex-
pectations. and in accord with the
opinion Of every legal authority from
whom have had an expression on the
subject.
"As q citizen, am pleased that
the supreme court Of the United States
has so clearly announced the imprac-
ticability Of either state or federal
legislative bodies enacting laws that
are intended to deprive citizens OF
rights which they are guaranteed by
the constitution. The supreme court
not only sustains the decision of Judge
Lochren. but confirms his views as to
the inexcusable character of the leg
islation under consideration. That
there is way In which to correct
such mistakes, and by SO doing dis
courage their repetition, IS matter
upon which every good citizen may
properly congratulate himself While
the action Of the supreme court was
anticipated. l am sure that the man
ayers of Minnesota railroads have not
at any time contemplated that they
would, as the result of the decision,
make any changes in their rates, the
propriety Of which could be ques-
toned" i