Omaha daily bee., 1907-02-22
COMMISSION HELD LEGAL
suprsms Court UphOidS Validity Of the
Amsudnsut 70 Constitution.
LAW IS SUBSTANTIALLY COMPLIED WITH
Cosrt Also Holds that CommI.sfoaer-
Elected at the Same Time Have
valid Right 60 Their
Omqes.


LINCOLN, Neb-. Feb a--fspeciaL The
amendment to the constitution providing
for a state railway commission adopted b.
the people OF Nebraska at the last general
election. was legally adopted and the men
who were elected at the same election to
serve as commissioners were legally elected.
This the supreme court decided this after
noon In the test case brought By the at
torney general at the request Of the legis-
lature The opinion was written by chief
Justice sedgwick. The syllabus follows:
l. The seif-imposed limitations on the
power % the people to amend their funda-
mental law should not be 50 construed as
20 defeat the will Of the people. plainly
expressed. on account OF a slight and un-
important failure TO comply literally with
such limitations. II the requirements are
substantially observed
= The constitution requires that when
proposed amendments thereto are submitted
70 vote Of the people, said proposed
once each week in at least one newspaper
In each county where a newspaper Is pub
hshed. for three months immediately pre-
cedinE the next election Of senator's and
Representatives. at which election the same
shall be submitted TO the electors for ap-
sISsss,t,s, e6Tnlia1c wits his rea1ire
ment. the fact that the publication was
made for one week less than the required
time in one county Of the state VIII not
invalidate the amendment
3. The manner Of voting upon a consu-
tutiunnl amendment and the general Cuu-
duct OF the election are for the legislature
20 provide. subject % the limitation that
when more than one amendment Is sub
United at the same election. they shall De
so submitted as TO enable the electors 10
vote on each amendment separately And
when the legislature by resolution submits
such question at a general election as re-
quired BY the constitution II will be pre-
sumed that the legislature intends that
the requirements OF the general election
1. When such amendment to the consti-
tuition creates a public once, s1ch once
may be nlled by vote Of the electors AZ
the same election at which the amend
ment Is adopted
8 The act OF 1881 session laws. chapter
XIX amending various sections Of the
general election law so as 20 provide. Tor
counting straight party votes for con-
stitutional amendment when such party
has endorsed such amendment does not
violate the constitution. and II - Wltnin
the power OF the Legislature TO provide sucn
N Is not necessary that the entire pro-
posed amendment be printed upon the OF
friaf ballot. II enough Is printed upon
fhe ballot to Identify the amendment and
show its character and purpose. II Is SUI
fcient-
WeIeh Succeeds Boyd
A. A. WEIGH OF Wayne has been ap-
pointed by Governor Sheldon 20 succeed
Judge Royd. elected to congress.
railroads Are GrfIIed.
rhe railroads were grilled 70 a finish TO-
niEnt at the ehtuAilt eE1ctoAA - -
Association OF Commercial clubs whicf
followed a supper given In honor OF th'
visiting delegates by the Lincoln club
One OF the speakers was Senator c II
AIdrich az David City. one OF the members
of the committee which drafted the rail
way commission bill. He explained the fea
lures OF that legislation touching rate reg
ulation which the present legislation hope
20 pass
T. J. Mcvann secretary OF the Omahi
Grain exchange. spoke en- Congestion Of
Traffic He. declared the present CA
shortage il not due to lack of cars or OF
facilities. but to the policy of the railroads
that prevented the movement OF traffic until
a full train lead could be moved He re
plfed at some length to the recent address
Of j. J. Hnl and declared his belief tina
present. abuses would result In stringen
legislation that would require the roads &
pay more attention to the convenienees o
the shipper
Representative H T. Clarke CT or1ah'