The river press. [volume] (Fort Benton, Mont.) 1880-current, 1910-10-19
HITS THE PASS EVIL.

A decision rendered by the Montana
supreme court promises to accomplish
what has been promised by the politi.
cisns for some time past-the destruc.
ton of the pass evil. This reform has
been the subject Of pledges in political
platforms at various times, but
nothing came out of it-one portion OF
the community continued to travel
free of charge OF railroads operating
In Montana. while others paid their
fare At the prescribed rate.
The supreme court, however, in q
case in which q man who was travel.
ing on q pass sought to collect dam.
ages for injuries received, takes .
whack at the pass evil that threatens
to put it out OF business. The decision
is of general interest to all Montana
citizens, the following extracts giving
the substance of the views expressed
by the court:
"Stripped of those portions which
are not directly material to this in.
vestigstion, the constitutional pro.
vision reads a. follows: All individ.
uals shall have equal rights to have
persons transported on or over any
railroad in this state We under.
stand this to mean that all persons
have equal or natural rights to be car
ried IN any railroad in this state.
The p~hraseology Is not to be com.
mended, but the meaning and the prin.
ciple involved are clear. It is not per.
mitted to q railroad company to arbi.
trarily classify the patrons of its road.
ut is q matter of common know.
ledge In Montana that, in accordance
with . custom that has obtained for.
many years., members of the executive,
legislative and judicial branches of the
state government and some county of.
fcers, are furnished by the railroad
companies with passes. Why should
this be so?
1.-THE practice has popularity become
known as the pass evil and the writer
undertakes to say that public senti-
ment is almost universally opposed to
it, and that for the very reason which
courts have always felt justified in &C.
ton upon, to.wit: That it involves an
arbitrary, u~nwarranted and unjust
classification of persons who occupy
the same relation toward the trans.
portation companies.
1.-THE law provides ample remunera-
ton, in the way Of mileage for those
officers who are obliged to travel on
official business. Why should they
be furnished with free passes? Hon
orable members Of the legislative as
sembly would be greatly incensed by
the suggestion that the free passes in
their pockets influence their action
upon legislation in which the railroads
were interested. Why then, should
they ride free of charge?
"What justification can there be for
dividing the public into free passhold.
ing and non-free passholding persons?
Our constitution allows classification,
but not unreasonable classification.
In the absence of classification by the
legislature, the railroads may them.
selves make reasonable classification,
but classification into public Office
holding and Notwithstanding persons
is clearly arbitrary, vicious, unrea.
sonable and therefore illegal and void;
and We believe it will be conducive to
q more healthy condition of the body
polite, to have this made plain with.
out further delay. And if one pays
full fare and q neighbor no fare at all,
Is the discrimin alton no more pro-
nounced than would be the Ease if the
latter paid only half fare?
"We can find 40 warrant for hold.
ing that this constitutional provision
and this statute were intended to ap.
ply only to paying passengers, or to
passengers using exactly the same
kind Of ticket. The evil sought to be
counteracted was fund amentai, not
merely nominal. The constitution
seems to us too plain to require any
Interpretation. 1t distinctly says that
all persons have equal rights to have
themselves carried over railroads and
that no discriminate in charges for
being 90 carried shall be made between
persons of the same class"