Omaha daily bee., 1907-03-06
Members Practically Unanimous in Their
Action.
ONE PROVIDES FOR GIVING HEARINGS
Ten Days Notice to Be Given Carriers to
Present Their Case.
FUsloNIsTs SHOW HAND IN LEGISLATION
Now Two-Cent Fare BiII fs s,assed
They Are wiling 60 Help Pull
Railroad Chestnuts Out
of Fire.
CFrom a stan Correspondent

tFTpm n SUN 1pTTNoDDuOttll-l
| LINCOLN, March 6.-(Special.) )-The rail-
way commission bill was recommended for
passage by the committee OF the whole In
| the house this morning. Several amend
/ ments were made to the original bill as
drafted by tho joint committee, one or two
of which were OF importance, while the
others wore merely corrective amendments
The house was practically unanimous on
| every amendment carried as II was on the
/ amendments lost. One amendment by Far
ley Of Hamilton, which was adopted. pro-
vided district courts In the county where
the action arises shall have Jurisdiction In
the original bill It was provided any dis
| trict court should have jurisdiction. Those
| who favored the amendment said Il would
prevent the railroads from choosing
friendly court when they desired TO liti-
| gate a rate made by the commission The
principal amendment adopted was by Ned
Brown Of Lancaster, relating to the mode
of procedure Of the commission and pro-
viding for the review by the court. The
amendment is as follows:
The said Railway commission shall fix
as soon as practicable thereafter a schedule
and classification Of rates and charges eN-
| for the transportation OF freight. passengers
and cars over the various lines OF railroad
IN thiS state tate ana nd 20 @ th9I en1 5he Sa com m
| common carriers TO be affected thereby,
ten days notice Of the time and place when
such railroad company or common carrier
| shall be entitled to be heard at such time
/ done; and shall have power 10 enforoe the
| attendance OF witnesses to be served as In
civil cases. Said schedule of rates and
| charges fixed and prescribed shall go
into effect not less than thirty days nor
more than sixty days, within the discretion
| Of the commission, after the same have been
| completed and copies thereof mailed 10 the
! railway companies and common carriers at
fected thereby and any or al rates there
| and effect from and after said time unless
modified, annulled or otherwise revised,
either In whole OF In part by the said rail-
| way commission. upon a hearing with re-
spect thereto before said commission or
until such rate or rates are finally ad.
of competent jurisdiction.
copy on copies OF said schedule or any
part thereof. when duly authenticated. shall
be received IN evidence In all courts IN
this state without further proof as prina
tained are those fixed by said Railway
! commissions and that said rates are, prfma
facie. just and reasonable.
Another amendment by Cone was adopted
making the anti-pass section correspond
to the anti-pass bill recently passed by the
house.
FusiOnists show Their Hand.
The Wilson resolution providing that the
State Board of Assessment shall assess
railroad property as a unit and make the
distribution according to mileage and not
according TO main and branch lines was
adopted in the house after a long drawn
out debate, which developed that the DEM
ocrats now that the 2-cent fare bill Is
passed, are going to oppose the taxation OF
railway terminals locally and that Wilson
of Custer is mighty thick with them and
so is McMulen OF Gage. The attitude OF
the democrats was shown by Gone, their
floor leader, who, in a mild harangue, ac-
cused Clarke of wanting 20 sidetrack the
resolution until he got the terminal taxa
ton bill out of the woods. The basis for
this statement from the gentleman frok
Saunders was a motion by Clarke that /.
resolution be referred to the attorney gau
eral to see whether II was legal or asn
for the board TO so make the dlstrfbut1aa.
Clarke made mis- motion after George I,
Bennett. secretary TO the board, who W..
brought before the house to explain WIN
the board made it's arbitrary distribution,
had said It was the boards Interpretation
of the statutes Mr. Bennett also explained
that he personally favored such a distribu-
ton as was provided for in the Wilson res
olution. 'but the board put its own in
depreciation on the statutes" he said.
'"rhen there is a difference of opinion,
isn't there?" asked Mr.. Clarke
ITO be sure there is" answered the See
retary TO the board. "a few years ago
two members of the board insisted on
making the distribution according to mile
age. but the majority preferred to make Il
according to main and branch lines"
"Mr Speaker" said Clarke 'T am not
opposed 10 this resolution, but I am op-
posed to the house directing the state board
70 do an illegal act. We cannot tell what
legal complications might ensue. II the
Z resolution is not legal then the attorney
general will have to defend our action be-.
cause there is no doubt the board Will
follow the directions of the house In this
matter move, therefore, that the reso-
luton be referred TO the attorney general
for an opinion as TO its legality"
value 10 he DistrfButed.
It was then Cone got the floor and
yelled that the house members were just
as capable as the ottorney general in de-
Gliding the legality of the resolution. The
} gentleman from Douglas merely wants
! to get this resolution out OF the way until
! he can get his terminal taxation bill out
Of the woods" he concluded.
IT have not mentioned terminal taxa
ton during this discussion answered
Clarke. "and this resolution has nothing
to do with that"
. Then McMullen got into the game and
offered an amendment (which later was
adopted) merely directing the attention OF
the board to the law instead of directing
them TO distribute the valuation as Wilson
I interpreted the law. He also opposed re-
ferring the matter 10 the legal department
y Of state.
! Wilson shied at the Clarke motion and
said; II drew the resolution after con-
suiting some good legal talent" which he
5 did not name.
y E. w. Brown OF Lancaster said Wilson
! should apply to the courts II he was sure
\; about the law and compel the board 70
J. act In accordance. He has missed his
remedy" he said.
d The Clarke motion was lost and the VII
e son resolution was adopted.
q George ID. Bennett was invited 10 the
: house on motion OF Kuhl. who wanted him