Two-Cent Fare
is Illegal
Missouri's 2-cent passenger fare and
the maximum freight rate laws were
nullified liy a decision handed down at
Kansas City, last Monday, in the Fed
eral court by Judge Smith Mcpherson
of Red Oak, Iowa. Judge Mil'herson
held that the 2-cent passenger fare was
confiscatory. He found that. "The
passenger earnings under the 2-cent
fare law of l'.MI", allowing nothing for
extra cost over interstate business,
give no return whatever to the Rock
Island, St. Louis und Hannibal, Kansas
City, Clinton and Springfield and the
(ireat Western. The other companies
will have the following:
St. Louis and San Francisco between
3 and 4 per cent.
Sante Fe between I and 5 per cent.
Kansas City Southern a small frac
tion over 2 per cent.
Missouri, Kansas and Texas between
2 and 3 per cent.
Burlington between 3 and 4 per cent.
This is confiscation under the consti
tution. It being a legislative act, and and not
a judicial one, this court can not fix
rates. If it could, 2-cent passenger
rates would be fixed for the stronger
roads and 3 for the others." He said
that tho railroads were entitled to a
profit of (') per cent, and that as such
was not the case, therefore the law
was invalid.
Frank Hagerman, nttorncy for the
eighteen companies involved, asserts
that today's decision sounds the death
knell of the 2-ccnt rate in every state
in the Union.
This statement is not true, but it
will probably incito litigation in all the
states now having the 2-cent rates.
F.lliot W. Major, attorney general
said: "We wont give up the fight for
lower railroad rates in Missouri. I
take up the case, to-day where (Jov.
Hadley left it oil", and shall continue
the Btand he has taken in the matter.
We have two forums in which to fight.
The one the highest tribunal in the
republic; the other the legislative branch
of the Missouri Government. The
Legislature is now in session, and I
will endeavor to have some action taken
if possible during the present session.
We arc allowed two years in which to
appeal the case to the United States
Supreme Court, but we shall not take
our time."
Covernor Hadley who defended the
suit when it was first commenced, in
commenting ou Judge McPerson's de
cision said: While the decision is sim
ply the opinion of one judge, it must i
be accepted as the law until the iiies- J
tions involved are submitted to the
Supreme Court of the United States, j
That I think the decision was wrong '
goes without saying. The claim that
the rates fixed by the freight and pas
senger rate laws were unreasonably low,
and therefore confiscatory, was based
upon expert testimony as to how the
common expenses should be divided be
tween state and interstate tralfc. I he
theory of the railroad experts is that
the expenses common to the slate and
interstate traffic should be divided in
proportion to the revenue produced by
the two classes of trallic with an added
increase of cost for the dohig of state
business.
This theory seems to me manifestly
wrong and absurd, as its necessary and
logical result U that the higher the
rates, and the greater the revenue pro
duceil by the slate tlallic, the larger
wouki ne me amount oi expenses as
signed to that traffic. A number of the
witnesses for the railroads testified
that the rates for the state traffic could
be made remunerative only by making
them so high that they would be pro
dilutive. H would, therefore, be just
as easy for the railroads to prove by
this theory that the 3-cent law was un
reasonable as to prove that the 2-cent
law was too low.
The state contended thattheexpenses
of doing state business should be deter
mine J on the basis t f cost of service
rendered to the two classes of traffic.
ine question as 10 now l nose ex
penses should be divided was the one
controlling question involved in the
litigation. So it is apparent that these
laws which were regularly enacted are
declared inoperative on a theory sup
ported alone by the testimony of expert
witnesses.
So long as this method obtains the
right of tho states to regulate the
charges of public service corporations
doing business therein amounts to but
little or nothing.
While this litigation is now in charge
of the attorney general and Mr. Leh
mann and Mr. Ladd, the special coun
sel employed by the state, and I am no
longer connected with the litigation,
either as a party or an attorney, I feel
that the cases should be appealed at
once to the Supreme court of the Un
ited States, and that every possible
effort should be made to secure a
prompt decision from that tribunal.
In the meantime I can not believe
that the railroads will undertake to
raise their charges in the passenger
service, and certainly not while they
are carrying passengers at 2 cents a
mile in the contiguous and comparative
ly sparsely settled states of Oklahoma,
Kansas, Iowa and Nebraka.
TWO-CKNT FARE REMAINS IN
NEHRASKA.
Railroad will not attempt to defeat
the operation of the 2-cent passenger
fare in Nebraska, at least not until the
"law has had a fair test."
This is the epitome of several state
ments by railroad officials and attorneys
who decline to be directly, quoted as
saying this. They admit, though, that
the content now pending in Nebraska
will be allowed to drag itself out in p
perfunctory fashion, and that not even
the Mcl'herson decision, knocking out
the 2-cent law in Missouri, will stimu
late action against the law in Nebraska.
Judge W. 1). McIIugh represents thi
railroads of Nebraska in their case ii
the supreme court against the cut whicl
the legislature made two years ago in
passenger and freight rates. The cas
is running ils course in the supreme
court, four cases having bem united
into one and Judge McIIugh was re
tained to look after all. The case,
are those of the Missouri Pacific, tin
Union Pacific, the Hurlington ami tin
Rock Island against the state of Ne
braska ct al. In their petitions the rail
roads declare the rates confiscatory and
ask that the enforcement be enjoined.
No action has been taken by the rail
roads since the decision of Judge Mc
Phi tsoii in the Missouri rate case, tin
latest move having been taken by the
state Tuesday, when it filed its an
swer to the cross bill of the railroad?.
"We are getting ready to take proof
in the case," said II. 11. Loomis, gen-
For Hot Fires Gel Egenber
fler's Coal !
Sure satisfaction every time you lipht a fire if on
top of the kiiullinjor is ebony fuel from our yards.
It's heat and lijjht Riving and slate-free when it
leaves the mines, screened and cleaned again here
and served to you full weight and with celerity of
delivery. Order any way that suits you. Both
telephones.
J. V. EGENBERGER
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plete with up-to-date, designs and patterns, which
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will
re-r.re
STREIGHT & STREICHT
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Biscuit
,'S A', .
Luck yMx&'ffl
Sold only in
Moisture Proof
Packages
Buying soda crackers that are
not Uneeda Biscuit is buying by
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baking, buy no soda crackers but
V
NATIONAL BISCUIT COMPANY
eral solicitor of the Union Pacific. "The
ase will go right along in it regular
ourse in the courts. On th decision
)f the Nebraska case will also depend
the status of railroad rates it Kansas.
There was some talk of calling an extra
session of the legislature a year ago to
enact a 2-ccnt passenger law there, but
the railroads made an agreement to
'Hit the 2-cent law in effect and to leave
t in pending the decision of the Ne
braska ase. An attempt was made
o enact a 2-cent law at the present
Kansas legislature, but it was turned
lown and the legislature again decided
o await the action of Nebraska."
Mr. Loomis says he doubts if the dt -nsion
in the McPherson case will
change the situation in Nebraska to
my extent.
J. K. Kelby, general solicitor of the
Burlington, say the railroads have n t
been making any strenuous resistance
.o the 2 cent law in Nebraska, but
really have agreed to give the law a
fair trial without hindrance, in the
neanwhile preserving their rights in
ourt. -Omaha Ree.
Plattsmouth
School Notes
Report of the
ichools for the mon
'.!Mtt.
M 'm'uliip.
Plattsmouth City
ith ending March !,
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,wr
Plattsmouth debate was a source jf
much gratification to the High school
students. It cau-ud the students to
forget the sting of the defeat recently
suffered at the hands of the Auburn
s(iiad. The next debate will be held at
this place and will be with the Rlair
High school.
We are planning to have Prof.
Harbour with us in the near future to
give an illustrated lecture under the
auspices of the Latin department.
Definite announcement will be made
later.
Plattsmouth will be represented on
the program of the Kast Central Ne
braska Association that meets at Oma
ha April 1, 2 and 3 by Misses Amelia
Hartens and Josie Yclinek and the
superintendent. This meeting is al
most as important n meeting as that
of the State Association for the average
teacher.
In his address the other evening
Rabbi Cohn took the view that parents
as a rule shift a great deal of the re
sponsibility that belongs to them upon
the school. He said that if parents
had more authority over their children
and inculcated into them more respect
for their elders and more of a concep
tion of their duty that the schools
would be able to devote more time to
instruction. Perhaps he was right.
At the regular monthly teachers
meeting a study of Shermans Kssentials
of Literature has been taken up. It
was decided at the last meeting to com
plete the text proper this year and
take up the additional exercises given
for study as a part of the professional
work for next year.
Some very creditable exhibits have
been prepared by the students in con
nection with their work in industrial
geography the past few weeks.
Lessons to be
Given Free
away in this contest is as good a ma
chine as the Buick Company manufac
tures. It is certainly a prize worth
working for. We hope that every read
er and f riend of the Nf.ws-Hekau will
do everything in his power to see that
the automobile is won in this county.
Inasmuch as there are eleven other
papers besides this in this contest there
should be a keen rivalry created where
by every resident in this county should
strive to see that the car is won by one
of our local contestants. And you
should not lose sight of the fact that in
this contest The Nebraska Farmer and
this paper can both be had at the very
low price $2.00. A subscription to The
Nebraska Farmer in connection with
the News-Herald counts 800 votes
more than a subscription to this paper
alone, so every one should subscribe
for both papers thereby casting that
any more votes for your favorite con
testant at the very small added cost of
fiftv cents.
Unique Gift
For Roosevelt
President Roosevelt has just been
made the recipient of a handsome album,
by an admirer, who instructed the Con
solidated Press Clipping Company, of
Chicago, over a year ago, to gather all
newspaper editorial comments on the
tour around the world of the U. S. '
Rattleship fleet.
The album contains over two thous
and, one hundred clippings divided into
two volumes. 12x14 inches each, hand
somely bound in black morocco, with
the following inscription in gold letters:
"World Cruise of the U. S.
Battleship Fleet."
Dec. 16th, '07-Feb. 22nd, 'Oil.
Besides the editoral comments from
the newspapers from every state in the
Union, the cablegrams appearing in the
Chicago Tribune, and the New York
Tribune, recording the progress of the
warships, from port to port ore chrono
logically arranged, as well as the
domestic life and doings of the battle
ships from the pen of the Fleet Corres
pondent, whose articles appeared reg
ularly in the great Metropolitan papers.
Throughout, illustrations of the vari
ous ships are interspersed. No doubt
the President will value the present, not
so much from an artistic view, but as
a faithful expression of the people of
the entire countrv. nnthn
Jf uiun. it mm ft-
..1.; m
aoiu aenievemeni oi modern times, and
one of the crowning efforts of his ad
ministration. A number of items selected for this
album were taken from theNEWs-HnT-Ai.r.
y r un
Clip Your
Horses for
t
Best Resulls I
Winner of Automobile will be.
Taught to Operate it.
Total
At a special meeting of the Board of
Education held Monday evening the en
tire faculty of the High school was re
elected. This action on the part of the
board was merited by the teachers
who have worked hard for the success
of the school and the welfare of the
students during the year.
The outcome of the Weeping Water-
S. R. McKclvie, publisher of the The
Nebraska Farmer, informs the News
IlERAM) that he will deliver the Buick
automobile to the contestant who wins
it. He will send the automobile in
charge of an experienced hand who can
give the one receiving it a few lessons
in running the machine. The Buick is
a standard car. and this tine Ave pas-1
ngcr Model F, which is to be given I
'. Stewart No. 1, Ball Beirin?, Hone "FnvlTr $
i ClippingMachineinOperaUon. arlY clipping f
: , recommended by I
: all leading vetrinarians. Clipping im- J
Proves the health of horses, makes them I
4 feel better, work better, and increases I
J. UiUll VU1UU,
JOHN BAUER
Dl ATTCMAI iti
t
t
PLATTSMOUTH. NFRdacva I