Omaha daily bee., 1906-03-18
OPINION IS NOT EXPLICIT
Attorney General Asks Supreme Court to
Interpret Anti Trust Law Decision.
REHtARNe IN woODMAN CASE ASKED
Governor ana Land COmnaissioner
EatOn of Divergent Opinion ~ to
who r. the Boss of Capitol
Building.
CFrom STAFF Correspondent

CFron1 n STAFF Correspondent
LINCOLN, March 17.--(special. 1.-The SUI
preme court has been asked to express IT.
self uneduivocally on the legality of the
Nebraska antitrust laws, or. in other
words, explain the opinion Il handed down
in the grain case some weeks ago.
The attorneys for the state. Attorney
General Brown, John J. Sullivan and
Jefferis & Howell make this request in
brief filed in the case this afternoon. The
attorneys hold the opinion was not ded-
mite in it's decision and further, the syllabus
and the body Of the opinion were at vari-
ance.
The brief contains the following discus
sion Of the opinion and the action Of the
court:
The body Of the opinion until just before
It's close applies the rule stated TO the
, several antitrust acts which the defend
Iliedly n not expressly holds that the acts
are all valid save portion OF the Gond-
opinion proceeding further says:
1t ls not necessary in this case to de-
termine which Of the penalties imposed
for violation of the criminal provisions
OF these statutes are applicable In case
Of criminal proceedings. or whether or not
act Of 1887 or whether the Loomis act OF
1897 is unconstitutional, as claimed by
some OF the defendants. or whether the
Junkin act repealed both the 1887 and 1897
acts"
The last quotation is at such variance
with the syllabus quoted and the import
OF the body Of the opinion that we re-
spectfully urge the opinion should be mod
lied so as to express a clear and con-
sistent conclusion on the subject.
The condition OF AFFAIRS presented by this
case is peculiar. Five different antitrust
laws are upon the statute books of this
state. No one of them refers to any Of
the others, and they were passed at dif-
ties These penalties were enacted for the
public good. The legislature intended that
they should be used in depressing the trust
evil. and certainly they ought to be used,
and used freely for that purpose. But in
the present chaotic condition of our stat
advance OF a decision of this court what
penalties are enforceable7 The question
ought to be decided and. having been ex-
ought we think in the interest of public
Justice. be decided in this case. The public
good REQUIRES IT, The questions argued
welfare of the whole people and we re-
spectfully submit that the state had a
right to expect from this court-one Of its
own agencies-an unequivocal determines
tion OF them The propriety and pubic
ton. Before the decision in this case was
rendered, criminal prosecutions under the
antitrust statutes were of doubtful pro
priety; they are even more doubtful now.
The decision does not clarity; * obscures.
Brown Is Not Satisfied.
Attorney General Brown this afternoon
filed with the supreme court a brief in sup
port of his motion for a. rehearing in the
case wherein Governor Mickey, chair
man of the State Board of Equalization
sought by mandamus to compel the county
clerk of Douglas county to include the
value Of the reserve fund of the Woodmen
of the World and the Woodmen Circle in
the assessment Of the property of the or
deFs. The court held mandamus was not
NOT
pass upon the question of the assessment
of tho reserve fund. The legal depart
ment contends mandamus was the proper
procedure, though It did not pass upon the
question Of the assessment of the reserve
fund The legal department contends
mandamus was the proper procedure by
which to compel an officer to do his duty,
After citing his authorities Attorney Gen.
eral Brown says i'm conclusions
This Is certainly the correct rule and has
often been invoked and applied In this
state. If II is now abandoned capricious
and unworthy taxing officers will Impose
the collection of revenue next to impossi'
BILE.
who IL Boss at state HOuseE
A serious question, which likely will
never be settled in this generation is
who is boss of the state house?
II came about over an order issued tc
the janltors yesterday afternoon by Gov.
ernor Mickey. which was promptly over
ruled by Land Commissioner Eaton. Fol