Omaha daily bee., 1899-12-20

result of the treasurer having been charged
, on the books of his office with moneys
which in fact belong to himself.
/ Public corporations act through their Off
GERS and agents and the real declarations
of such officers made during, and in relation
to- the transaction of official business are
in a proper case, admissible in evidence as
part of the res gestac.
; Pleadings may be received in evidence in
! suits other than those in which they were
! filed as admissions or declarations against
! interest.
verified by the party himself, are received
| only upon actual or presumptive pronf that
the admissions which they contain were
either made by his directions or We're after
ward sanctioned by him.
The weight weight to be given nap pleading 1 IN ian an
| stated therein is for the jury.
Insurance Case.
| The opinion in the Cornell POINTER case
follows:
| l. The judiciary may not declare an act of
| the legislature unconstitutional unless it is
| clear that 1t contravenes some provision of
| the fundamental law.
| q 'By section l. article TX of the consti
| tuition the public revenues are required to
J be imposed Ivy the levying of a tax by
| valuation 80 that every person or corpora
ton shall pay a tax in proportion to the
value of his or her property and fran
| 8. The rule of uniformity prescribed by
| section J. article tx of the constitution in
! hbits the legislature from discrimination
| between taxpayers IN any manner Wnat-
| ever.
| 1. Under section 4, article tx of the con-
stitution the legislature Is powcrless to
| individual or corporation or property from
| the payment of any portion of the taxes to
| be levied for state or municipal purposes.
| o. Sections So and 81 chapter Xvii, Laws
] of 1899, in so far as they attempt to exempt
| the property of insurance companies from
| of such companies, are inimcal to sections
l and 4, article iX of the constitution and
| g. When tho invalid part of an act in
| huenced or induced the passage of the resi-
| due the entire act will be declared void.
T. The unconstitutional provisions of sec
| tions 30 and 81. chapter Xvii, Laws of 1899
| induced the passage of the remainder of
! said chapter and invalldate the entire act.
Judge Norval, in writing the opinion in
the insurance commission case, closes as
follows: 'If the motive inducement which
prompted the enactment of said chapter
| Xvii was merely a desire to transfer the
| insurance department of the state from the
| auditor to the governor, as suggested by
counsel fer respondent, II Is very evident
| that the act would most likely have been
| differently framed and the provisions of
| said sections 36 and 81 so far as they at
tempt to exempt insurance companies from
taxation would have been omitted there
! from. While during the investigation of the
subject 1t has been our desire to sustain the
law we have been irresistibly forced to the
conclusion that the entire act must fail by
reason of the unconstitutional provisi ms
| therein contained, which have already been
pointed out"
Pacific Express Company.
The Pacific Express Company against
John F, Cornell. Opinion by Harrison. AT
iirmed
/. Where 1t is alleged that public body is
proceeding to interfere with the rights of
person or corporation in manner which
adequate remedy at law, or which may
cause 4 multiplicity OF suits, and Ii is fur
ther alleged that the law under which the
proceedings is N progress is unconstitu-
tional, the petition presents cause for
equitable relief by injunction to prevent
| 2. Under the provisions of the present con-
stitution the state officers of the executive
department as named therein are charged
tive In their nature which are by law re-
quired OF the:l.
3, The law creating the Board of Trans
portation, by which certain designated state
ofiiccrn of the executive department are
charged with prescr.b bed duties in regard to
railroads, does not cast such duties upon
the individuals as distinguished from the
/ Offices or officers, but II is the latter upon
whom is put the burden of further is
executive in their nature
4, There Is nothing in The constitution
which prohibits the requirement of the per-
officers of the state, of additional duties
executive in their nature. nor to inhibt aC-
ton by two or three In the doing thereof
by conclusions announced by them collec-
lively or as board. Norval j., dissenting.
3. The secretaries whose appointment Ia
provided by the law are not executive
officers They are in the nature of mere
deputies to act for their principals In mat
ters which precede and lead to "A final or
der or decision, which mus be by the prin-
Coals
5. The act of 1887 (chapter lyi, session laws
of 1897 Complied Statutes 1899, page $500
place certain companies or persons, owners
or in control of telegraph, telephone or eN-
press line or lines, under the control OF
the Board OF Transportation, and for the
jur .sdiction and powers of the board,
adopted such as were conferred by prior
act IL is not amendatory of the act of
1857 by which there was created the Board
7. The law of 1898. known as the maxi
mum rate law. or the portion thereof which
contaiued the schedule Of rates was de-
clared unconstitutional under the then eX-
istlng condi IONS by the supreme court OF
the United 'ates. This carried with II
tho sections OF the act which could have
no operation except in connection with the
rates as fixed IN the schedule. Such law is
now as n noneNstent and does no. inter-
fere with the enforcement OF the law OF
1851. TO which we have referred, by the
board and in the method provided by the
Law Of 1851. TO which We have hereinbefore
Hl lluded.