The Marshall republican., 1909-01-15

of the results from the different pre-
cincts of the state.
Primary Election Law.
The last general assembly enacted
a primary election law which had its
first test in the nomination of the
candidate for office in the last cam
paign. There should be changes
made to correct Its many antiquities
and ~inadequacies.
Fraudulent practices In connec-
ton with the primary . should be
clearly made a criminal offense. Pro-
vision should be made by which a
contest can be instituted and decided
in the f~airest, speediest and most in
expensive manner possible.
{ 1t is necessary that the ballot box
es should be opened, and the ballots
counted. In every court proceeding
affecting the question Of the honesty
of an election, this right should ex-
list. The secrecy of the ballot should
never be made paramount. , its hon
esty and its fairness.
Senatorial Primary Law.
! ] wish also to invite your earnest
consideration to the question OF the
repeal or amendment of the primary
ele lion law for the nomination of a
United States senator, This law Is,
in the opinion of many able lawyers,
in violation both of the federal and
state constitutions. It undertakes,
in effect, to provide a method for the
election of a United States senator In
violation of the spirit, If not of the
letter, of the federal constitution.
believe in permitting the people
in each legislative district to in
struct their representatives in the
legislature by a direct vote as to their
choice for United States senator.
In addition to it's unconstitution-
! atty and unfairness, this law pre-
vents the people from knowing, at
the time they vote for the members
of the Legislature, whom the members
of the legislature will favor for Unit
ed States senator.
Public Service Corporations.
The right Of the people In their
governmental capacity to regulate
the charges and conduct of a business
Impressed with or devoted to a public
use, Is no longer open to controversy.
1.-THE right of regulation must, of
colrse, be exercised within the lin
itations of the constitution, so as TO
give to the owners of such enterprises
a reasonable return upon the value of
their investments. That is not only
the right, but also the duty of the
tho conduct of business enterprises
to which the public must resort, and
which are in their nature ~monopolies,
has been clearly demonstrated.
The leaislat Ire, in 1905, passed a
maximum freight rate law which,
however, has been put into
force and effect, by reason of an in
junction granted by tie federal court
upon the petition OF the railroad
companies claiming that this act, If
observed, would deprive them of a
reasonable return upon the value of
their properties.
In 1907 the Legislature made some
changes in the act of 1905, favorable
20 the railroad companies, and also
passed a law reducing the rate of pas
enger service from 3 cents to 2 cents
l mile. Suit were again instituted
IN the federal court by the railroad
companies to enjoin the enforcement
Of these laws upon the ground that
hey were c~onfiscatory. But upon a
hearing, the United States circuit
ourt refused to enjoin the enforce
nent of the 2-cent passenger rate
aw, for the reason that its reason
ableness could only be determined by
he test of actual experience.
have become convinced that the
regulation of the business of public
crvice corporations can be most sat
'sfactorily and successfully accom-
lished by a commission composed of
men trained and experienced by
Judy and investigation and quail
led by natural ability for such work.
Railroad Passes.
The constitution of 1875 prohibit
ed railroad companies from Issuing,
and public officials from receiving,
rec transportation. The general as
sembly of 1887 passed laws with
suitable penalties for the purpose of
carrying into effect this constitution
al provision.
The prohibition against railroads
giving, or public officials receiving,