The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-09-13

look the pOSluOn THAT the power VI
the commission should be conferred
and defined in the amendment itself
and therefore amended the senate bill
to read as follows:
And the commissioners shall have
power, in the absence of specific legis-
lation, to establish modify and emil
force reasonable. rates of charges for
the transportation of persons and I
freight On the different railroads with
in the state, and prevent discrim1na-
lions and abuses, and adjust and de-
termine controversies in respect to I
transportation facilities, charges and /
determinations. The legislature shall
provide by law the methods of enforc-
ing the findings of the state railway
commission, which power shall ex-
tend over all common carriers within
this state, and said commission shall
have such other powers and duties
as the legislature shall confer upon
the commission
This house amendment was added
to the original senate bill and passed
by the house and then sent back TO
the senate In the senate this house
amendment was defeated Then In
conference committee between the.l
house and senate the following was
added to the original senate provision:
s'But in the absence of specific legis-
| lation the commission shall exercise
| the powers and perform the duties
enumerated in this provision
| So the whole provision touching the
powers and duties of the commission
| as the bill passed the legislature now
/ is as follows:
s'The powers and duties of such
commission shall include the regula-
ton of rates, service and general con-
/ troll of common carriers as the legis-
iature shall provide by law. But in.
the absence of specific legislation the
commission shall exercise the powers
and perform the duties enumerated in
this provision
Now I want to ask why this last
/ sentence was added to the original
provision? It was added because the
i house members wanted the powers
and duties defined in the amendment
4 itself while the senate opposed 1t.
This last sentence was added to make
the house members believe that
that in the absence of specific legis-
| lation the commission would have pow
er to do something. But this is not
true There are no powers and duties
/ defined or enumerated in this proyl-
sion, 1t is but another subterfuge.
It is a bill calculated to make the
! people believe that they were getting
something and at the same time make
| the railroads believe it means nothing.
| Notwithstanding the addition of this
latter clause the author of the bill has
admitted to me in writing that the
railroad commissioners, under that
/ amendment, have no power to do any
thing but that the legislature must
confer all power / want the people
/ therefore to know that all we are get
ting under this amendment is the cleo
1 ton of three commissioners. We will
get that much but no more. LII order
to get more we must make sure that
we will elect a legislature that will
| confer full and ample powers upon
this board The fight, therefore, this
fall is not only to pass this amend
ment but to elect a peoples legisla-
ture
|. But there is a greater vice in this
amendment than all this. 1t is a SER
ious question whether the legislature
can confer power upon this commits
sion to actually fix rates. The author
| of the bill has said that he intended
that the powers and duties of he COM
Emission should be left entirely with