Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-09

ate. He thought the provisions Of the
resolution might be too harsh, and there
fore. he asked It to go over one day.
Action was therefore postponed until Tues
day and the senator's turned to the bust
ness OF introducing bills.
Railway Commission Bill.
Among the important measures intro
duced was one by Root Of Cass and another
by Aldrich of Butler defining the duties
and powers Of the newly elected railway
commission. Mr.. Roots bill is a long one
and goes into detail as TO methods of pro-
cedure 1t gives the commission general
powers over rates. both passenger and
freight, and over classification of freights.
1t provides the rates shall not be higher
than those fixed by law and that old rates
shall be in force until changed by the COM
mission. Before any change can be made
the commission must give the railroad con-
cerned at least ten days notice OF a hear
ing.
One OF the interesting features of the
bill relates to the trial of appeals in court.
In both the district and supreme court. 1t
is provided rate cases shall take precedence
over all other cases, and they shall be adj
vanced on the docket by the court with
out application from either party. The
burden of proof is placed on the plaintiff,
making It necessary for the railroad to
establish the injustice of the rate. The
law also gives the commission power to
inspect the books and papers Of the rail-
roads and for the public printing of freight
schedules. The bill also requires the rail-
road companies to file annual reports show
ing the property owned by the road. the
business transacted, the earnings and ex-
penditures of all kinds.
Pay of CommissiOners.
Another bill by Senator Root-Senate
File S0-defining the qualifications of rail-
way commissioners, provides that each
commissioner shall receive an annual sal.
airy of s2,500 and the commission may
appoint secretary at a salary of $1,000,
and may appoint not more than two clerks
at a salary not to exceed $500 per annum
each, and such other persons or experts
as may be necessary to perform any duty
that may be required of them in the ad-
ministration OF the law. No one shall
be qualified to hold the office of railroad
commissioner unless he shalt be a resi-
dent and elector of this state, nor unless
he shall be at least 30 years OF age: nor
shall any person be qualified to hold the
office If he is directly or indirectly inter.
ested in any railrpad in this state or out
of IL, or in any stock, bond, mortgage,
security or earnings of any such road, or
of any telephone, express or telegraph
company. If a commissioner shall be-
come so interested otherwise than volun-
tarily he shall within reasonable time
divest himself of such interest No COM
missioner shall hold any office under the
government of the United States or of
this state other than as such commits
sioner; nor shall he while such commits
sioner engage in any business or occupa-
ton inconsistent with his duties as such
commissioner. Before entering upon the
duties of his office each commissioner
shall take and subscribe to an oath of
Office as provided by section l article xiv
of the constitution, and in addition thereto
shall swear that he Is not interested di-
rectly or indirectly in any railroad, ex-
pres1, telegraph or telephone company,
nor in the bonds, stocks, mortgages, Sc
curities, contracts or earnings of any rail-
road, express, telegraph or telephone COM
panies.
The commissioners. secretary, clerks and
other persons employed shall be entitled
TO receive from the state their actual,
necessary travelling expenses, which shall
include the cost only OF transportation while
travelling on the business of the commits
sion. Power is given the commissioners to
hold sessions at any place in this state
when deemed necessary. .'-
Senator Aldrich's bill differs somewhat
from. the measure offered by Senator Root.
1t fixes the salary of commissioners at 81, 500
year, of the secretary at not to exceed
$500 a year. and of the two clerks at
81, 200 year each. The age qualification is
rs instead of 30. 1t also places the burden
of proof in case of an appeal upon the
railroad and provides that after notice of
appeal has been given the order referred to
shall be held in allegiance until after a de-
cision has been had. In order to provide
speedy trial 1t is provided appeals from
the Railway commission shall take prece-
dence over all other litigation except GRIM
inal cases. Senator Roots measure is
copied after the Texas Railway commission