Omaha daily bee., 1900-02-02
BEE SUGGESTION WELL TAKEN
Attorney General Endorses Plan OF Calling
District Judges.
,oUHT is away BEHIND WITH ITS WORK
At Present Rate Of Progress II VIII
Be Five Years Before tho Docket
il Characteristic capitol
News Gossip.

LINCOLN, Feb. 1.-CSpe .ialD-Thc zug-
gestion made by The Bee relative to rein
FORCING the supreme court by calling u00n
district judges for assistance In reviewing
cases mas caused many inquiries to b. made
concerning the volume Of business now
awaiting consideration by that tribunal. A
the rate the cases are now being disposed OF
1t would take the supreme court five years 10
clear tic docket OF the cases now pending
The court decides on an average OF fifteen
cases at each OF the nineteen ]sittinEs held
during the year. This would make a total OF
265 cases per year, or 1926 cases in five
years. The number Of cases filed during q
month always exceeds the number disposed
Of. so that unless the court receives scmc as
sistancc there is no hope OF ever cleaning ~
the docket. The last printed supreme court
calendar showed that there were 1859 cases
on file. Since then the number has been in
erased and probably will continue to in
crease so long as the present state Of affairs
exists, which makes it possible for a ~litigant
to postpone the final settlement OF a case for
from two to five years by simply appealing
TO the supreme court.
Receives smyth's Approval.
Concerning the plan suggested by Tho Bee
Attorney General Smyth today said while
l have not examined the question with SUN
49, ~ NNa NA' AHN 10 49,
opinion | have a very we'll defined impress
sion that a commission composed OF district
judges would have just as much authority
as the old supreme court commission had
and that, too. without any act of the ~legisla-
ture. A mere rule or order of the supreme
court would be sufficient. The old commits
sion had no power whatever to render a de-
cision or make an order. Nothing which II
did had any force or effect until approved by
Tho 1n,rt ThA lou ,yaatgn- thn r,s--
sion had the effect of authorizing the auditor
to approve the vouchers of the commission
for their salaries, to issue warrants for those
salaries and also OF authorizing the treasurer
TO pay the warrants, and it had no other eff
feet.
o course. there is no law making 1t the
duty OF the district judges to sit as members
of such a commission. and whatever they did
in that respect would be entirely voluntary
on their part. II is, indeed, questionable
whether the legislature could impose such a
duty upon the district Judges, but however
that may be II the district judges would con-
sent to give a certain portion OF their time
each year to the work OF the commission
and the supreme court saw fit to avail itself
OF their services l see at this time no reason
why two or three commissions could not be
formed out OF the district judges having pre-
cisely the same power as the old commission
and with the ability TO give quite as good
satisfaction as it gave without waiting for
action by the legislature"
Objects 10 Freight Classification.
The Marble and Granite Dealers associa-
ton of Nebraska, which was in session here
today. adopted resolutions protesting against
the classification of freight rates recently
adopted by the railroads. which, it is al
legged. increases the cost OF transportation of
shipments to and from points in Nebraska.
A committee, consisting of F.. B. Kimball,
Lincoln; +. B. Alderman. West Point;
Charles Neidhart. Beatrice; A. Neitzell,
Falls City, and !. +. Paine o. Grand Island.
presented their case to the secretaries of the
State Board of Transportation and requested
them TO use all lawful means to prevent the
railroads from continuing the existing rates.
In their complaint they assert that ship
ments formerly classified as fourth rate have
been changed to third rate and those listed
under class d to fifth rate.
In the appended table the increase is
shown on shipments from Lincoln to the
points named, the first and third columns
representing the rates per 100 pounds under
the old classification and the second and
fourth columns the rates for similar ship
ments under the new classification: