Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-15
TEST. OF -. RAILWAY COMMISSION
| Attorney General Brings Action at
Request of Legislature.

(From a STAFF Correspondent
LINCOLN, Jan. H.-(Special.)-In accord
ance with the resolution adopted by the
house, Attorney General Thompson today
filed in the supreme court information in
quo warranto to Gust the members of the
State Railway commission from office. This
suit is brought to test the constitutionality
of the commission. a question having been
raised regarding the manner in which the
amendment was adopted and the length
OF time for which the amendment notices
were published. The petition is as fol-
lows:
Comes now William T. Thompson, at
torney general of the state of Nebraska,
who prosecutes this information in the
name and by authority of the state of
Nebraska and under the direction of the
house of Representatives and gives the
| Hudson j. Winnett, Robert CoweiI and ].
/ A. Williams claim there exists In the state
! of Nebraska an elective state railway com
| commissioners. They further claim there
| was on November =, 1906, authority for the
election of said three railway commission
| ers that they were each candidate for
said pretended office and that their names
were placed upon the official ballot at tho
| last general election held in this state;
! that OF said commissioners respondent
Hudson ]. Winnett, received the highest
number OF votes az said election for said
| for a period of six years from and after
/ January 3, 1907 that said Robert Cowell
| received the next highest number OF votes
at said election for said office of state
( railway commissioner and Is entitled to
, hold his office for a period OF two years
BEEN elected to said pretended office of
railway commissioners and have each in
truded himself into said pretended ONCE
and nave each taken an oath of ONCE
! to faithfully perform the duties of said
pretended office Of state railway commits
sioner of the state OF Nebraska, and that
they and each OF them are now usurping
the functions OF said pretended Office and
are jointly threatening 70 exercise and
perform the pretended duties of regulating
rates, services and the general control OF
common carriers In the state of Nebraska.
now prescribed by law and any that may
hereafter be authorized by the legislature
and conferred upon said alleged state fall
way commission, and are each claiming
any emoluments OF office that now are or
that may hereafter be by the legislature
provided as the salary OF the members
That after thus taking said pretended oath
Of office and intruding themselves as afore-
are threatening and are about to take pos
session OF and occupy cerlain rooms IN
the state capitol building OF the state OF
Nebraska as office rooms for use as said
pretended State Railway commission and
to furnish and equip the same at public
Wherefore your relator hereby challenges
the legal existence OF any such Office as
State Railway commission, state railway
commissioner or state railway commission
; ers Of the state of Nebraska; challenges
the right title and authority OF re-
spondents and each Of them TO intrude
into. occupy or hold any such once and
their right, title or authority thereto. and
challenges the authority or respondents or
any OF them 10 do or perform any OF the
matters and things which they have threat
ened 10 do aforesaid. and your relator
asks and prays leave OF this honora BIZ
court TO present and file this informa tion
to the end that a summons may issue
thereon against said respondents and each
OF them. and require them, and each OF
them, to plead to the information and 10
set forth and show by what warrant OF
authority, II any, the Office OF State Rail
way commission, commissioner or commits
sioners exists In this state. and. II the same
exists what warrant, authority OF title
thereto; that the court hear, determine
and adjudge whether there he such an
office in this state State Railway com
mission and whether, II there be such
an once. the respondents have been
legally elected thereto, and whether they
have qualified or are entitled to qualify
therefor and 20 exercise and perform the
duties thereof. and for such other and
further relief as the facts In the premises
and the law demand.
The big night OF this Legislature vii
be over the taxation Of railroad terminals
for municipal purposes" said member
who had been out In the state over sun