Omaha daily bee., 1905-10-15
ELEVATOR MEN FILE ANSWER
Attack cOnItitut.Onali:y Of Laws Intended
to Regulate Their Business
REV, HtINER HOLD. TIE WHIP ROW no W
Governor Mickey DispIeased Because
Members of state Board of Chari-
ties and Corrections Mixed
Up in the Affairs.
From a stan Correspondent


LINCOLN, oct. I4.-(SpeciaI)- THE Omaha
Elevator company filed it's brief in the
grain case this morning and It contains
considerable legislative Information, and at
The same time attempts to declare unconsti-
tutional all laws enacted by the legislatures
OF years past affecting grain dealers, to-
gether with the repeal of the 1887 act by
implication by the 1905 act, under which it
holds, therefore. the action is brought.
Discussing the laws passed up to the 1906
law the attorneys say in their brief
The law OF 1883 is invalid for the reason
that the bill as introduced and as voted
upon, as shown by the title, applied only
TO manufacturers" 1t is true That a bill
with a title Affecting manufacturers "and
dealers" was engrossed and signed, but
the title 20 the bill when voted upon did
The act Of 1893 does not purport to AFFECT
The first act of 1897 is invalid for the
signed was never voted upon The title
OF the act engrossed and signed affected
troduced and voted upon did not contain
the words and business" in the title This
IS very material alteration, as business"
refers to insurance companies, professions,
and probably hundred occupations not
embraced by the term OF trade"
The second act of 1897 is invalid A bill
was introduced under title "a bill for an
act 70 prohibit combinations among grain
elevator men, and to provide a penalty
olli. The committee to which It was refer
req attempted to substitute for Il a bill
Mn wi,h a tue as long as the moral law, the
latter being In every sense a different bill
Inc result was that the short titled bill
was voted upon, but the long title bill was
Sbn ns5S, and signed. and hence neither
This leaves for. consideration only the
aGt 81 1851. and the act Of 1905. And the
ms case? confess the matter is not
hree from doubt; ! will also say that in
care which one is the one But while
aomltting there is a doubt, I insist the
correct correct rule to apply, will he to hold the
former law is repealed by implication.
The brief contends that the 1887 law is
general law and was repealed by impii-
cation by the 1906 act. Therefore the case
must come to trial under the 1905 act, and
that acts committed prior to the passage
OF that law can not be considered and an
Injunction in this case will not lie II the
ola law is not repealed then the new law
Is not In effect as against grain men. In
such event the rebate paragraph, provided
only by the new law, should be stricken
out OF the petition, for there is no law
upon which to base It. and the Injunction
should be dissolved.
Brief In Inheritance Tax Case.
In the case wherein the county attorney
OF Douglas county seeks to compel by
WohudHuS, Judge N1nSOnhaler to appoint
appraisers to pass upon the estate Of
Frank Murphy, deceased under the terms
or the Inheritance tax law. Crofoot & Scott
broke In with brief this morning in SUD-
port Of Judge Vinsonhaler's contention that
the law is unconstitutional In the brief
the contention is made that the law is
unconstitutional because 1t is in conflict
with the provisions OF section ! article TX
OF the state constitution. for the reason
that the power of the legislature to raise
revenue for state purposes is thereby linn
tied to the taxation OF property and fran
ch'ses and the occupations therein des-
ignated
Governor II DIspIeased.
Tho committee that investigated the
Tabitha home yesterday afternoon and
passed resolutions endorsing Rev Heiner
and appointed a committee to take over
the management of the institution finds
itself this morning in a peculiar position in
that 1t doesn't know how to proceed. Some
OF its members realize for the first time
that they can do nothing unless Mr.. Heiner
wants 1t done, as he holds the key to the
situation in that he IL the principal stock.
holder in the corporation which holds the
deed to the property
Governor Mickey was very much dis.