Omaha daily bee., 1905-02-19
PLAN TO GET THE AMENDMENTS THROUGH
Votes Cast for officers Provided for
by Amendment 20 he Counted
FRVOrinU the Amend
ment.
IIIt'nt.
tFrom a stan Correspondent

VI Ibll a. pN'ill Correspondents
LINCOLN. Feb. 1S.-(Speclal Telegram -
THE Bee is right in urging the Legislature
to pass beth the commodity rate bill and
a concurrent resolution for constitutional o
amendment to create a state board of rail-
road commissioners" asserted Representa-
tive Perry of Furnas a leader for two
terms Of the Independents In the house
There is no reason whatever" continued
Mr.. Perry, why the commodity rate bill
should be defeated because OF the intro
duction of the proposed constitutional
amendments, but on the contrary every
reason why 1t should be enacted into law
As The Bee points out it would require
legislation in 1907 to define the powers and
duties of the railroad commission and it
such a law be enacted the commissioners
to enforce the law are not likely to be
elected until the fall of 1907. which is tan
tamount to a postpOnon,ent of effective
railroad legislation until 1908. Why then.
should not the commodity rate bill be
passed and placed In effect, thus affording
partial relief, at least, during the tendency
of the proposition for the state commits
sion. With the commodity rate bill in force
the commission. when it came into being.
say in 1905 would have something to en-
force.
II believe the legislature will submit to
the voters the proposition for the railroad
commission. Whether or not it will pass
the commodity rate bill am not as sure.
but rather think it will Certainly II ought
to. The authors of the rate bill are in
harmony with the commission idea and
all will work for the success Of both prop
ositions"
Hope for Amendments.
Relative TO the traditional difficulty in
tional amendment at the polls, Representa-
tive Perry believes a means of preventing
this customary and aggravating practice
of default has been provided in S. f. 126,
by Wall of Sherman. the bill calling for
the election of six supreme court justices
endorsed by the Nebraska State Bar asso-
citation.
This bill provides that every vote cast
for a candidate for the supreme court shall
be counted vote for the constitutional
amendment giving the state six Judges.
This, with the votes cast directly for the
proposed amendment, would Perry points
out, secure it's passage. Perry is delaying
the introduction of his concurrent resou-
ton for a state railroad commission con-
templating the addition of the Wall pro-
vision, applying it to his bill also.
'"Then if this procedure be constitutional,
we get the amendment to the constitution
for the commission without a doubt" says
Representative Perry. II believe at last
in this means the solution of this annoying
problem has been evolved. l am going to
satisfy myself to the constitutionalty
OF it, however, before Incorporating It in
my bill"
Chief Justice Hocomb of the supreme
court and Commissioner Ames take the
ground that the procedure will be entirely
constitutional.
Difference in Bills.
Perry's concurrent resolution differs from
that introduced in the house yesterday by
Dodge of Douglas, in that II leaves the
matter of salaries of the commissioners
to the discretion of the Legislature. In the
same respect it also differs from the Cady
resolution in the senate. Perry at first
thought of fixing the salaries in his bill,
but upon reflection decided the other plan
the better. Dodge fixes the salary Of
each commissioner at $500 and Cady at
5000.
As 10 the logic of the Wall provision Of
counting every vote cast for a candidate
vote for the amendment, unless the voter
shall have specifically indicated his will
against the proposed amendment Perry
claims 1t is sound. His theory is that a
vote for a candidate, for instance, for a
railroad commissioner, is in itself prima
facie evidence of the voters endorsement
of the amendment, for II there were no
commission there would be no function for
the commissioner to perform, hence
vote for the commissioner is /presumptvey
a vote for the commission.