Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1907-06-28
Railroad Commission Enjoined.

lie ralIfUhuS O1 NGvuua VIII test the
Syphus act as passed by the recent
legislature nnd cell upon the courts to
pass upon the corstitulionality OF the
measure before they will observe the
cuudinous impose by the bill and fol-
IO~ the dictates Of the board Uf COM
missiOncrs created. Yesterday thre,
suits were flied 10y Nevada railroads and
today iw1 more suits will be filed, based
upon similar grounds. Suits yesterday
filed by the Southern Pacific, the Salt
Lake, san Pedro aud Los Angeles and
the Norada and California roads
Similar suits will be Tiled today
by the Toropah and GoIdfield and
the Eureka ana Palisade roads.
l..c three complaints Tbursday nsk
that the court grant restraining order
eo :EGt the ronds will not have to oh.
serve the maximum rates and apy
p-O,!siuu Of the Syphus act or any
ruling which tie board OF commission.
crs nigh, Boo 1T 10 pass. The Southern
Pacific hIcd bonds III the sum OF S3O, 600,
t:.c SHit Lake San Pedro and Los
Angelc- bond for $4,000 and the Ne.
wat. and California flied bond Tor S2O,-
90 IN the respective cnscs. Each usk-
ei ior a h,nrng on july 10th III the
federal court and the case will be
called 1T that time.
Tie suit is filed against II. +. Bar
tiGc, Henry Thurtcll, John f. Shauyh
messy, IA members oi the railroad CON.
mission OF the state ui Nevada: Gov
ernOr John Sparks, Lieutenant Gov
ern0r ID. s. DIckerson and Attorney
Geuernl Stoddard, NJ members con-
stitaimg the railroad board OF the state
OF Nevada and X. &. Stoddard M at.
hrncy general Cf the st ate.
The inhin points III the various com
plaints are: hrsi, the railroad board com.
posed OF Governor Sparks, Lieutenant
Governor DickerBou and Attoruoy
General Stoddari, il an unconstitu
al beard; thnt the S!phus act in uncon-
stiiutioDal III ;!Int it il not drawn cor
Tectly to amend or rcviss the act OF
1850 relating to railroads and fixing the
maximum; tLirl, that the maximum
rates set by the bill are coniscntory and
therefore tho bill IL void.
The complaints state that the railroad
board composed Of the governor, lieu
tenant governor and attorney general
is Unconstitutional because tho gov.
eFnor OF the state alone has IN executive
power under the constitution OF the
state and all bOarde, ctc., must be
appointed by him. Further that the
said board Of railroad com miesiuncrs
Consisting .: MCesrs. lIartinc, Thurtcll
and ShRughuossy are in practice and
elect executive officers OF the state
Not only Gro their powers executive and
administrative but also judicial in their
nature and character in the com ssiOn-
crs are authorized 10 receive complaints,
TO hear evidence, TO administer oalhs,
70 determine controversies, ~ make
hhd enter Judgements, and to perform
functions pertaining to tho state con-
eiitn'ion which expressly provides TINT
one department OF tho state government
can IN howiso perform the duties OF or
'Hhor of another dcpai ,mcnt.
Tho Sccon6 complaint that "no law
fhnll bc revised or amended by refer
enc" to its tillc only citcs TINT the
Syrhus net Ia mn amendment oi the law
OF 1860 which fixes n maximum rat0 for
'h" state and the Syphus bill does not
rc'cr specially To this net IN provided
by Tho constitution.
Tho third ground, TINT ia tho rates M
hSed by tho Syphus net are contiecatory,
In backed up ~ long list md recital oi
fa'ce, ,oIc. thE facts IT each complaint
dlicf, "": tho result as alleged, IN the
same, tho rates are too low.
Those arc tho main poiuta Of the bill
although there nrc number Of othcrs.
Inc complaint of tho San Pedro IN print
en and requires thirty-iivo pages.
lho Salt Lakc, San Pedro and Los
angeles tonds In Represented by Judge
W. u. Kelley, Of San Francisco and a.
o. IaltHtcd, oi the enIne city, and Sam.
u"l Pla,t Of this place, tho Southern
Iac'lic In represented by William i.
iicrhn and u. +. Dunno Of San Francis
co and Mnck and Shoup OF Reno; the
samo attorneys represent the Cal. aud
Nevada.
THIS m0ruing Judge Lindlcy, Of san
'fhncieco, and q. Is. Abbot, OF Pnlis'
ead"' will lite u eimilnr suit in the fcd-
GRAZ court against the railroad bonrd
ma commission ns tho foregoing Tor III,
Lurokn md Palisadc railroad. Their
allegations aro practically tho eamo
Attorney q. II, OHtmnn, OF San Fran
cisco toprescniing tho Goldlcld aud
|oDOpnh railroad will also Tile suit IN