JUNE 1,1905 Ucbrcslicx Independent PAGE 13' THINKS LAW IS DEAD Attorney General Brown Favors Passage of Commod ity Rate to Take place of Newberry ' Legislation v'' Attorney General Ncrris Brown is of the opinion that it would be a diffi cult task to enforce the maximum rate lay against the railways. Speaking to a representative of The Independ ent. Mr. Brown said: . "The supreme court has declared the Newberry law unconstitutional. I consider that the law is practically dead. It is true that in 1898 Mr. Smyth, then attorney . general of Ne braska, obtained a modification of the court's Judgment The supreme court ruled that the circuit court, if it found that business conditions warranted the application of the law should dis charge the injunction which prohibit ed' the attorney general from bring ing any action to enforce the law. ' It is true that I could go into court and perhaps secure permission to make a showing as to applicability of the law under present conditions. "Personally, I favor the passage of a new law to reduce rates. I think that v the commodity rate bill, which provides fro a reduction in rates on the twenty-seven most important art icles of commerce in this state, is just the kind of a law needed at this time. That law would be constitu - tionaL It has been asserted that the law would be unconstitutional because it provides for a blanket reduction of ten per cent on all these goods. The claim is that if one road has a higher rate than another road it will still have a higher rate if the commodity rate law should be placed on the statute books. Some roads, however, have a right to charge more than; others. The courts have ruled that a road, when making a rate, has a right to " take into consideration, cost of construction, of maintenance and of operation. Some roads cost more than others and the cost of construe tion and operation is greater. There fore, they have - a right to charge higher rates. "It must be remembered, moreover, that the state now-has no board of transportation v to enforce the max! mum rate law." ' Former Attorney , General C. J Smyth believes it would be an easy matter for the present attorney gen eral. to obtain the court's permission to show that the maximum freight law ought to be applied at this time. "I think that the attorney general," said Mr. Smyth "could readily obtain the court's permission : by, a prima facie showing.- The court would, then allow him to - submit his proofs' that present conditions warrant the; en forcement of the law. When he had done this the court would , set aside its judgment and the law would at once go into effect." . Mr. Smyth did not agree with Mr. Brown that the non-existence : of a board of transportation, which is men tioned in two sections of the maximum rate law, would prevent the law's enforcement if the court decided that the law was constitutional. ; Mr. Smyth further stated, that the maximum rate law would really make a very moderate reduction in rates if applied at this time. In his opinion the reductions would range from about fifteen to twenty per cent A Little Harness Talk May Profit You if You are About to Buy. Buckstaff Harness have quality, and you can depend upon it. we use the old fashioned Oak Tan California Leather the very best obtain able such as give you lone faithful ser vice. The cutting, stitching, making are faultless. There is a local dealer in every community who can snow tnem to you. Remember, thev are all stamped with the letters "B. B." on the ends of the traces. . We do not retail. If this harness interests yon, show it to your dealer. We will be glad to hear from you. BUCKSTAFF DROS. UFO. CO., Manu'acturers and Jobbers Lincoln, M P. F. ZIMMER, Real Estate. Farms, Ranches, and City Property bought, gold and exchanged. Soma good farms for sale in the Kansas and Nebraska winter wheat belt Write today and tall me what you want or what you have to sell. Give full description. I will immediately let you know what I can do for you. .Reference First National Bank, Lincoln, Neb, Address , . 116 So 10th St Lincoln, Nob. DIAMONDS! We can sail you a diamond for $10.00 or for $300.00, and at all prices beteewn Let us know your want and we will gladly serve you. IT G. WOLFF, 139 So. 13th St ; Lincoln, Nbb. MARINETTE GAS ENGINE COMPANY Of Chicago Helgths Illinois have opened selling offlice at 1016 P Street, Lincoln. Nebraska, with W. E. jakway. . Engines from 2 to 200 H. P, Gasoline or Producer Gas. Run on Gas or Cheapest known power. c? 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