Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-04-22
RAIL BOARD SPLITS
WITH WILLIS REED
Argument Before Supreme Court
Develops Row with Attorney
General.
COMES OVER ORDER NINETEEN
prom a staff Correspondent J


Commerce commission waiting for a de.
dlaion Of the Nebraska supreme court IN
the matter in order to ret new light. Or
is The Nebraska supreme court going 70
be able 70 get better light on the situa-
lion n the case is postponed until after
the Interstate Commerce commission
reportsf
There are questions discussed, be
cause ~ the hearing IN the supreme
court this morning In which the attor-
noy general said the commission could
not hire a lawyer 10 run things when
he was on deck. and in which The chair.
man Of the commission intimatod that he
didn't care what the attorney general
thought. and that The commission pro-
posed 10 run ifs affairs without the aid
and consent Of any other department
even N II had 70 reach down into ite
own jeans and pay the freight.
over order No. ~.
Tho case II one involving the rates put
into effect by the State Railway commits
sion's rate order No. 10, and the trouble
arose over nm agreement entered into
by Mr.. Reed. Tho attorney general ana
attorneys OF the railroads relative 10 a
date for the submission Of the case to
the supreme court.
IN Smith ~ Omaha, who had been re-.
tanned by The commission, charged In
HIS argument 10 the court that without
consulting tho commission. or advising
II Of his action, Mr.. Reed had entered
into an agreement with Edison Rich
representing the railroads, 10 haye the
case continued until September II sp-
pears that when the appeals " the rail.
roads were first filed. over year ago.
stipulation was entered into between the
attorney general and the commission On
the one hand, and the railroads on the
other, that the date for the submission
~ briefs should not be Immediately
fixed, but. upon sixty days notice by
either party the agreement should be
vacated and the court asked 10 act The
matter down. After urgent appeals sixty
days notice was given by the attorney
general and the commission, whereupon
thu court fixed April Z ~ the date upon
which the railroads should file their
briefs.
Agree 90 Continuance.
On that day Attorney General fieed
and Edison Rich appeared in court ana
esreed 10 n continuance Of tho case nnlli
September. according 10 the statement
Of Mr.. Smith and Of Chairman Clarke.
this action was taken ~ Mr. Reed With
ont consulting tho commission and with.
out even notifying II Of what had been
done II was not until April Is that
Chairman Clarke discovered the action.
In tho meantime the commission had en-
sagcd Mr.. Smith 10 represent IL. Nj.
Smith Immediately filed motion 10 have
the order Of the court modified and the
cass set down for Immediate considera-
lion. II was this motion that was under
consideration this morning
smith Reviews Case,
In arguing for an early hearing Of tho
care Mr. Smith reviewed the work ~ The
commission IN FORMULATING lta rate
schedule and called attention 10 the fact
that, shortly after the schedule became
effective, tho commercial interests Or
Council Bluffs, Sioux city. 81 Joseph ard
knasaa city filed complaint with the
Interstate Commerce commission charg
ing that the carriers were discriminating
against these outside points by reason
Of the new low rates prescribed IN Order
- from Omaha, Lincoln. Norfolk and
other Nebraska points The probable ~
feet OF n favorable decision by the su
preme court on tho action Of the fnterataa
Commerce commission was the point
vigorously urged by Mr.. Smith and as
vigorously opposed by the attorneys for
the carriers. In answer 10 question by
Judge sedgwick whether the Interstate
Commerce commission Is delaying ia
action on account Of the matter pending
In this court, Mr. Smith replied.
I have certain information which i fell
was given me By one OF the commission
era In sort Of confidential manner, that
! do not feel / ought 10 disclose and
am not going To say that the commission
i delaying that because Of this, but /
do know that the commission would vel
como decision from this court ne 20 the
reasonahlenens Of these rates as applied
10 local traffic. ! know whereof ] speak
on that ~ the time Of the hearing M
fore the Interstate Commerce commission
they put the question TO two or three 90
~ ~ to whether or not the supreme
court had passed on tho fsaaonahleneea
q those rates and when they we're likely
70 do 20.
The State naiiwny commission seela
that under the authority ~ the decision
~ Judge sedRwick IN The case OF tollmaf
uFainat state Il has the authority or the
leople ~ the state ~ Nebraska. has Tie
rant T. appuat before this court as
ne special counsel and ask that II ha
SVEN the right ~ under thc decision
shink YOU sAld they rad fiHht 70 enntrul
q mraurne ~ least tho course aud con
duct ~ this case before this court
IN conclusion NV Smith asked that the
order he set aside and the carriers BE-
aftan tffff A. F.sa4 .4ftt.s. A.. 90
file sheie briefs and the commisui9n
twenty or thirty days thereafter 70 reply
Heed Expimtas.
IN explanation " hia action Ia aWffe
ihs ~ath ths railroads 20 continuance
e ne ease until September. AuomsY
General Reed asserted that h. Thought
there eaa reason in The poauesf az ne
tatlfaAa attorneys far = further delaF .
ana Ne sas moved 81 aeneda 81 4 ~ 1
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