Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-04


exercise the power conferred upon him
when the circumstances surrounding the
case warrant action.
Important Bills BY joint Committee.
1 believe the public interests win be best
subaerved II all bins affecting the more
important matters OF legislation could be
formulated and introduced by a joint COM
is especially pertinent 10 such subjects as
direct primary, anti-pass, freight rate and
railroad legislation. II will be recalled that
the new revenue law Was prepared by spch
a committee and the plan worked so wen
In that case that think II would be wise
to follow II IN all instances where the gem
eral public has more than ordinary concern
Any other course IL likely to result In
multiplicity OF bills upon the same subject
a divided support. and either no legislation
at all or the final adoption Of a faulty
measure.
state suits InvOlving Heavy Loss.
The suggestion of President Roosevelt In
a recent message to congress that law
should be passed to prevent courts from
setting aside just decisions for mere tech
meal errors in pleadings, instructions and
evidence recalls some q the civil cases YES
technical grounds a defeated party, and
brings to public attention the necessity for
remedy y against Public al osSs
cases instituted by the state,
The chief executive has exercised his
foree civil obiisations 10 TIE state, but the
fruits OF litigation, during seasons OF both
democratic and republican rule, have often
been an enormous bill OF costs for the state
to pay, and a Judgment releasing the de-
| PENDANTS from all liability. The gravity
OF the situation will be realized by the
members OF your honorable body. who are
by law charged with the duty OF providing
means for the support Of government, when
few Of the cases and the extent Of the
one fthese cases was the state against
the Omaha National bank. a suit TO restore
/ vNft IN
| by former State Treasurer BARLEY, by
| means Of state warrant. and never re-
turned. The suit was dismissed and the
In 1897 suit was brought in the district
court Of Douglas county against former
| state Treasurer BARLEY and tho suretiee
\ on his official bond to recover a shortage
| of 1856, 1900. The people we're robbed OF
| this Immense gum, which had been exacted
of financial distress. So conclusive was
| the evidence OF endorsement In the Grim
inal case that the embozzlers lawyers were
unable, In the vast catalogue OF technicali.
| ties known to the criminal law, to ind Q
| way to save him from prison. In the civil
suis against his bondsmen It was held that
| the bond was valid and properly executed
| The evidence of the shortage was con.
| elusive. The case was tried many times
| sometimes the verdict was for the bonds.
| men, but they were finally released and the
people must bear the loss.
| During my first term directed the bring
ing Of a suit in the supreme court agalns
the State Journal company to recovei
SIS, 100. diverted by It from the state library
company was employed by the state to prn
the several volumes of supreme court re
ports and to. deliver 70 the state librarian
1000 copies OF each volume. These were 4
be sold by the state for $3.50 per copy FOL
the benefit of the state library. When thu
printer was r engaged IN this W.. wSrf for tn
in competition with the state, his employer
and as stated In the complaint, secret!
made 42,70O copies of the several volume
and sold them in competition with tn
state for $3.50 each, making a net proht o
81 on each one. or SIS, 400 In all. This cas-
has been In court three times, and In eacl
instance a decision has been rendere'
against the state. Apparently the state ha
no further recourse. Meanwhile the II
the reports which otherwise would hav
been sold and the money applied to tn
state library. In view of the last decision
any one can print and sell the reports an
that the state has no protection from com
petition on the part of its own trlste
employees and agents. / recommend that tn
law providing for the publication OF tn
reports at state expense be repealed.
Cases involving the taxation Of .propert
for state purposes, cases involving It'll
to state school land, and other cases In
volving the rights OF property. OF the stat'
what appears to those unsSIied IN pef tRe la,
to be purely technical grounds.
II the people cannot get relief by mean
!. dent Roosevelt, provision should be made {
/ amend the constitution to meet preser
, The Junkin Act
The power Of the state to curb trust
monopolies and conspiracies In restraint
trade has been demonstrated by the Ell
a rsiI and enforcement Of the Junkln &C
. ture, entitled An act to protect trade an
commerce against unlawful restraints an
monopolies, and to prohibit the giving
receiving Ia
! ot property. and TO provide penalty Il
) the violation thereof" Shortly after tn
Seneral to bring suit against the M
braska Grain Dealers association, whiC
has resulted in a sweeping decree issue
r the members thereof from monopollzing Il
' grain business and controlling the pric,
E Of grain. The effect OF the suit was
= give the producers of grain the benefit
;. ~ cents per hundred which had been III
= lawfully charged for elevator service, ar
s | TO restore competition in the grain bus
i ness throughout the state. A similar a
r ton was brought against the Nebrasl
\ Lumber Dealers association, the result
0 The bill carried with II an appropriation
: tl0,000 20 be expended under the Joint dire
n ton OF the governor and the attorney ge
4 eral, and or this amount s2,9420 has be.
e used.
I supreme Courl and Commission.
: During the last two years the supren
; court, limited by the constitution to thr
r members has been assisted In the conside
: alton of cases by commission of six mer
I bers, and the nine so working togeth
I have reduced the docket so that cases no
Il coming from the district courts can
: heard and determined within a little lie
= than year. The commission system is
s makeShift to add to the judicial force wit
u out contravening the constitution. II
|, innings sot the commission must be a
o proved and adopted by the court befo
= they can have validity. The system
r rather cumbersome, not entirely satisfacto
h and should be tolerated only until SUI
@ time as the constitution can be amended
n provide for court OF sufficient membershI
e 1 believe that commission of three mel
e bers will be sufficient to enable the ecu
u to take care OF its business without u
v reasonable delay during the next two yea
n and recommend that you make provisi
e for commission Of that number the a
e continents to be subject to the approval
a The governor before becoming effective
t / further recommend that you submit
the electors an amendment OF the constit
~ ton providing for 4 supreme court of n
n MEMBERS TO be increased to seven me-
u beTs as the public service may require a
h at the discretion Of the legislature at a 81
a airy In proportion TO the responsibility a
4, dignity Of the ONCE, Such an amendmt
N would no doubt be sanctioned by all part
p and could be made part OF the ballot a
n carried as was the railway commissl
e pie need the relief which a larger cor
II would AFFORD and l believe that for
81 present five members could hear and
a termlne all the cases. Iowa has a court
"a Client
Railroad Passenger Rates
With the abolition OF free transportati,