Omaha daily bee., 1908-09-17
ANII-PASS Law HELD GOOD
Decision by Supreme Court Covering
Number of Contested Points.
STATUS OF DOCTORS DEFINED
Court Rules on Park Board Case from
Omaha, Holding Mayor and
Council Have Right to
Name the Board.
CFrom a staff Correpondept ,

l.
| LINCOLN, Sept. l6-(Special Telegram y
1t is unlawful for any person not excepted
| by the anti-pass law to receive a pass
from railroad company: 1t is unlawful
for newspaper to exchange advertising
space for transportation. Local surgeons
who receive passes from the railroads and
do not devote greater part of their time
to the service of the company violate the
law. The supreme court SO held in an opin-
ion, handed down tonight.
The opinion was written by Chief Justice
Barnes in the case of the state against
David I, Martin, ST., of Columbus The de-
fendant was a local surgeon employed by
the Union Pacific railroad who received in
payment for his services $25 a month and
an annual pass. BY the direction of At
torney General Thompson, County Attorney
1ensley assisted by John j. Sullivan instl-
tuted proceedings against Martin. The dis
trict court discharged the defendant and held
that the contract having been made before
the law went into effect could not be sb
rogsted by the statute. The case was an
pealed on error under the direction of the
attorney general. The object was TO get
construction of the statutes to govern in
future cases.
The supreme court sustained the excep-
tons of the state and holds that the dis
triet court erred in directing the jury to
find for the defendants. not guilty
The syllabus is as follows:
A contract between a railroad company
and physician by the terms of which he
Is to receive for professional services TO be
rendered by him for the company at its |
request, the sum of s25 per month. and an |
annual pass over its lines Of road. where /
the physician does not spend a major por- |
ton OF his time in the employment OF the |
company is prohibited by the provisions !
Of sections 1854 and 1906 of Cobb anno-
tated statutes 1907, and the acceptance and
use of such pass by the physician renders
him guilty Of violation of those sections |
The provisions of chapter SO of the laws |
OF 1907 commonly called the anti-pa law,
the issuance, acceptance and |
use OF free transportation, are a proper and
reasonable exercise of the police powers
II the state, and the power OF the leRisla-
ure TO regulate the business of common
carriers by preventing unjust discrlmina-
ions and are not unconstitutional
Mayor Appoints Park Board.
The supreme court has held in the park
BOARD case from Omaha that the appoint
nent OF the park commission lies in the
mayor and council. The court holds that
lection IS of the Omaha charter, which
provides for their appointment by the dis
rict court, is Unconstitutional Both the
ourt and the mayor appointed a park
'oard and the case was brought up to de-
ermine which had the authority to appoint.
Anti-DiscriminatiOn Act valid.
The supreme court has sustained the
alidity of the act Of the legislature known
5 the KING act, to prohibit unfair COM
lercial determinations between different
Communities or localities or unfair com I
etition by corporations. In the case of /
he State against Robert L. Drayton. err /
Or from Antelope county. the court holds {
hat the act of the legislature does not
revent persons and corporations from {
ealing In commodities I'm general use from q
siling them at such price as thew NAV Q
be proper to demand, nor is IL class Iests- $
Ition within the constitutional prohibItion s
ne prevention Of discrimination IN nar- I
euiaT iocaiities IN prices OF commodities I
general use, 'tor the purpose of Al Y
roying the business of a competitor" no j
'ilng such commodities at a lower rata {
such locality than is charged for tbo
ime elsewhere is within the police power
the state. Within constitutional itu,ts
e legislature Is the sole Judge A. ~ Il
hat laws should be enacted for ths - Il
ction and welfare OF the people ana -. Il
when and how the police power of TIE a
ate Is TO be exercised
Drayton. the defendant, as agent os ~. Il
las Elevator company, a West virs-,n,s "
(Conttnued on qrb,.5 T,----- n'