Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-09-17

elasticity and will adapt itself to the
changing conditions of trade and business,
which prevents the charging of rates which
are unjust and non-remuneratlve,
Section !. 1t shall be unlawful for any
railway company or common carrier, OPP
Grating or doing business in the state of
Nebraska, to charge. collect or receive for
the transportation Of live stock, potatoes
grain and grain products, fruits, coal, lum-
Der or building material in carload lots
within the state OF Nebraska, more than
amount fixed in the classification and
schedules OF such railway companies or
common carriers for the transportation of
such property in force and effect on their
various lines OF railway on January 1, 1907,
until after the state Railway commission
shall have provided a greater, rate upon
from the rate herein fixed,
Section 2. The State Railway commits
sion shall have the power to hear and
determine whether or not the freight rate
schedule or classification of rates is eithsr
30 high as to be unjust to shippers, or SO
any common carrier effected thereby, and
supon complaint, In writing of any person
or corporation affected thereby, par
ticularly specifying the article or articles
upon which such rates are either too high
or too low and the facts in connections
herewith. said railway commission shall
trial thereon and a full hearing after notice
thereof, shall either raise or lower the
articles, TO the end that the same shall
be Just and reasonable TO all parties con-
cerned.
ut win be noted by the provisions of
this measure that has been in force and
effect in my state for four years last past
that there il not single arbitrary and
unjust provision in 1t, and that 1t Is the
experience of any common carrier doing
business in that state II the rate therein
provided Is unjust and commemorative,
all that he has to do, is to make COM
plant to the railway commission showing
all the facts and that commission will be
forced TO change the rate therein provided
and fixed and establish a rate that is
Just and equitable to all parties concerned.
ut so happens that your speaker Is the
author of this measure, and in framing 1t
and making Investigations ! became con-
WINGED that II would be impossible to fix
a hard and fast rule, an absolute statute,
lowering freight rates generally, as it
would be sure to do, because volumes OF
business change, commercial conditions
and commercial relations change and what
would be just and equitable rate today
or this year, one year or two years from
and short crops and by reason of expendi-
lures, would be a rate which at that time
would be unjust and non-oompensatory,
And so 1 said that IL a law could be framed
that had the element Of elasticity; a law
that could adjust itself and become adapt
able to all OF these changing conditions
and relations as aforesaid, that would be
law that at all times would be just TO
the shipper and just 10 the common carrier,
When such a law is upon the statute
books can II be said that the legislature
which passed IL was radical, wild-eyed
and had desire to hurt business? Suffice
II to say that so well has this law worked
In my state that not single complaint
has heen filed by the common carrier or
the shipper before the railway commission,
1t Is true that there Is an action now
pending in the United States circuit court
OF appeals wherein it is sought to nullify
this law absolutely. In the beginning this
action was commenced In a formal way
TO preserve their rights to litigation in
ease Il should ever be necessary, and there
was not any intention in the beginning to
push the matter. But of late the common
carriers are pushing this case for hear
ing They have been greatly encouraged
| by the wholesale annulment Of state stat
utes by the recent decisions In Minnesota
and other states.
Notwithstanding the fair treatment, and
Notwithstanding that the old bitterness
that once existed between the public and
the common carrier has been abated and
satisfactory business relations are MAIN
tained today, yet it seems that the diree-
tors ana stockholders OF the east are in
sistant that their western managers push
this case to a conclusion. They seem 20
TO do business without regard to law. In
other words, the policy OF these common
| carriers In general Is that they should not
be regulated or in any way controlled in
making olassifioations. schedules and
| charges for transportation of property any
more than the merchant who sells grocer
les, clothing, and dry goods should be
controlled in the prices at which he sells.
THE railway commission Of Nebraska
has been In force and effect for four years
More than l,VO0 orders and judgments have
been entered during that time by this
commission affecting the common carriers
and the public. OF the $50 judgments and
orders that have been entered BY the
commission OF my state only two OF them
have been appealed from. They have
forced a better service; have forced the
railway companies 70 build new dspota, to
rs-ballast their tracks, 20 make various
connections, have forced them to change
schedules have made them put on trains
and have done innumerabie things for the