Omaha daily bee., 1911-10-07
COMPAEE40 GIVE TRANSFERS
Commerce Court Holds Inter.City
Company Must obey Ruling.
OLD CASE MAY BE APPEALED
Street Railway Company 20 Com
test Jprisdiction OF Interstate
Commerce Commission
over It's Affairs,

The new United States commerce. court
handed down a decision Thursday that
the Interstate Commerce commission has
Jurisdiction over street. railways engaged
in interstate business, just as q has over
steam railways engaged in Interstate
traffic.
This decision was made IN the ease
brought in United states circuit court by
the Omaha & Council Bluffs Street Rail.
way company and the Omaha Council
Bluffs Railway and Bridge company to
enjoin the Interstate Commerce commits
sion from enforcing a rule by which.
while UNFOLDING the l0-cent fare across
the Douglas street bridge. II sought 10
compel the company 10 give transfers.
The circuit court made a temporary re-
straining order Then the case went 10
the commerce court, 20 which all inter-
state matters In circuit court were as
signed.
The result is that the commissions 10
cent fare order holds good unless the
street railway company can knock II out
in the supreme court At present resi-
dents Of Council Bluffs pay an extra D.
cent fare to any point In Omaha not on
the Twelfth Fourteenth street loop"
and residents Of Omaha boarding a car
outside the loop pay - cents 20 points In
Council Bluffs.
ut ia my judgment" said John T..
webster. attorney for the street rail-
way company, that appeal to the
supreme court Should be taken from the
decision Of the commerce court, and II
probably will b.
Dig Question Involved.
''The case involves not merely the
question Of whether or not the company
must issue transfers 20 persons who pay
the Decent fare across the bridge. but
the entire matter OF the commerce COM
missions right 20 jurisdiction over the
company. This includes the right OF the
commission TO compel the company to
report TO Il on its revenues, expenses,
physical. valuation, and so forth"
The commissions order was issued
after hearing the complaint Of people OF
west Council Bluffs, who alleged that
the i0-cent bridge rate was unreason-
able and asked for a scent rate. The
commission said!
THAT a reduction OF defendants fare
Of 10 cents to cents would not be Justi-
fled, but that limiting the l0-cent fare
TO points on the loop IN Omaha Is unjust
and unreasonable, and that the fare from
Council Bluffs, not including CORTLAND
Beach. TO any point on defendants lines
In Omaha from any point on de-
PENDANTS lines from Omaha TO Coun-
ell Bluffs. not including CORTLAND
Beach. should not exceed 10 cents for q
continuous. trip or for a trip upon which
passengers coforms 10 proper and reason
able regulations governing the use Of
transfer Tickets. u transfer be required p
The order was made in November, 1909.
to become effective FGebruary 1. 1910.
On February T. 1910. the street railway
company asked the circuit court for an
injunction and a temporary restraining
order was issued In April. The cause
Yves transferred 20 the commeFce court In
April OF this year.
The directors OF the street railway com.
pany will meet with counsel probably
Tuesday TO decide upon what course OF
action should be taken.