The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1915-07-03

ticket, by a member OF the Leglsia-
ture or any public officer, other than
railroad commissioner or any of the
officers or employees of the railroad
commission or peace officers shall
work a forfeiture of his office.
1t is clear from the manner in
which the peopledefeated this amend
ment at the election that they did
not look with favor upon transporta-
ton companies furnishing any form
| of free tickets for the use of the Rail-
road Commission, its employees or
its officers, or other officers, and /
| have not found any n yet who is
able to give any reason for the en-
| actment of statutes apparently in
| violation of the inhibition.
However, we are no longer con-
cerned about what Interpretation has
been placed upon the provisions dis
cussed for the Supreme Court of the
United States in the case of the
Northern Pacific Railway Company
v. North Dakota, decided March 9Th,
1915, say:
1.-The general principle to be ap-
piled is not open to controversy. The
railroad property is private property
for public use and not required to
give service not in the charter stip-
ulations. As a carrier for
hire it 1.-THE railroad) cannot be re-
CURED to carry persons or goods
g~ratuitously. The case would not
be altered by the assertion that the
public interests demanded such a
carriage. The public interests AN
not be invoked as a justification for
demands which pass the limits of
reasonable protection and seek to
impose upon the carrier and its prop
erty burdens not incident to its en-
gagement.'
"The constitutional guarantee pro-
tects the carrier from arbitrary ac-
ton and from the appropriation of
its property to public purposes out
side the undertaking assumed"
The question will naturally arise as
to why | should make a protest which
it might be said would not be justi-
fled by the few shares of stock |
hold, and for your information | beg
to advise that | have a more import
ant reason.
The protest is intended chiefly to
give publicity to the offensive man.
ner employed by the Postmaster
General to discriminate against the
Eureka-Nevada Railway and the
little town of Eureka in this State.
| am the Lessee and General Man.
| ager of the little narrow gauge rail-
road THAT has been twice in the
hands of a receiver in the last Is
years. operated tri-weekly between
Palisade, Nevada. and Eureka. Ne
vada, a distance of "a miles. Along
side of this railroad is operated a
mule-drawn vehicle carrying the
United States mail, tri-weekly be-
tween the points indicated, in 33
hours for the sum of $3.50 per an
mum, while our road makes the run
in eight hours and the Post Office
Department contend that they can
not under existing statutes accord
ing to their Interpretation pay US
more than 81, 795.
/ offered to carry the mail under
contract for $4.650, and later for
nothing to accommodate the people
(f the animal vehicle was left on the
route) but the Department will not
permit it.
The people have petitioned. and
the Legislature have petitioned by
resolution, but the Postmaster Gen.
eral, A. S. Burleson, in a letter to
Senator Pittman says:
"Mr. Sections theory that the De-
partment should pay his railroad as
high a price for service by it as the
Department is obliged to pay for an
inferior service by star route is
wholly untenable."
And | am not demanding as much
as the stage.
There is a statute in effect fixing
a maximum for railway mail pay,
but with that the Government is not
justified in robbing itself.
The Supreme Court of the United
States, in Re Neagel, 1876 u. S. 1,