Omaha daily bee., 1915-02-02
FIGHT ON TWO-CENT
PASSENGER FAREUP
TOSUPREME COURT
Attorneys for Missouri Pacific Con-
tend that People Have Dele
gated Rate Making Power
to Railroad Commission.
LEGISLATURE ACTS, SAYS REED
Attorney General Contends No
Power Exists to Go Behind the
Specific Act of lawmakers.
JUDGES SITTING EN- BANC
lFrnm a staff Correspondent.l )

(From a Staff Correspondent
LINCOLN, Neb., Feb. .-(Spe-
ciaI. I.)-Arguments in the 2-cent fare
case we're heard before the supreme
court this morning, the high tribunal
sitting en- banc, with Chief Justice
Morrissey, recently appointed, pre-
siding for the first time.
The case was brought by the Mis-
s>uri Pacific Railway company to
compel by mandamus the State Rail-
way commission to take jurisdiction
of and act upon its application for
ar Increase in its Nebraska passer-
ger rates above the 2-cent minimum
fixed by statute.
The nub Of the question is: Does the
constitutionally delegated power OF the
commission have precedence over specific
legislative enactment7 Tho railroads so
argue, contending that il 1t sees fit the
commission may increase the rate over
that provided for by the Legislature
of 1907.
Rate Power Delegated.
The raiiroanS MAINTAIN tnab aS uOao
gated to the commission by the people
the rate-making power cannot be taken
over by the legislature. The contentious
are based on this constitutional provision;
.sThe power and duties Of such COM
mission shall include the regulation OF
rates. service and other general control
of common carriers as the legislature may
provide by law.
..But in the absence of specific 1egisls-
tion the commission shall exert the
powers and perform the duties enumer-
ated in this provision"
The state. through former Attorney Gen.
eral w. t. Thompson and Attorney Gem
eral Reed, insisted that specific lesisia-
zion by the. states law-malxing body is
had in the 2-cent fare law and that the
state Railway commission cannot go be-
hind that.
Discretion extensive.
Further. state attorneys held that II the
state Railway commission had power
virtually to repeal the 2-cent fare law
n could do likewise with the anti-pass
law ar other legislation affecting rates or
service Of railroads
The railroad side OF the case ID SUM
n1arizsd in the following:
i That the commission has unqualified
Jurisdiction to legislate with reference 70
rates and service Of common Carer ~ ~
that this power. was deiegated to- tne
Commission by the people IN an atneHo-
SI1ent to the state constitution.
2. That the legislature by It's makS-up "
incapahIe OF determining rates-tnaH !!
admitted this at the 1913 sesslon wnen WI. ~ y
refused TO pass the Keclley rate Dill aqu
agreed to leave this power In the hands
Of the State Railway conmissio.s; 4,,.o
, 2. That the supremacy OF the legIsi&ture
over powers delegated 20 the commission
by the people would defeat the purpose
of the amendment. A..-
1. That in delegation TO the commission
uf ali legislatiVe power on rate matteEs
The peopie's wishes and not those OF the
legislature are respected.
Lesisiature Huu spoken.
The state maintains that in the consti-
tutional provisions cited above. the hnea
..but In the absence Of specific legislation
etc" mean that the commission can have
no powers where the legislature haa