Omaha daily bee., 1909-09-28
Nebraska
DECISION IS IMPORTANT
Attorney General Comments on the
Sibley Case Ruling.
GOVERNOR GIVES OUT PLUMs
Treasurer Lindsay of the Republican
Committee visits Headquarters
and Prepares for Work
of the Campaign.
(Trom a staff Correspondent

From n staff Correspondent
LINCOLN. Neb., Sept. 27.-(Special AT
torney General Thompson believes the de-
cision Of the supreme court OF Nebraska,
in the express rate cases. establishes the
principle that the state, through It's attor-
ney general. may by injunction enforce
obedience to valid statutes by corporations
that have heretofore resorted to injunction
to prevent regulatory statutes from going
into effect. He considers the opinion as the
most important handed down by the su-
preme court in the last twenty-five years.
The decision is satisfactory in every
particular" said Attorney General Thomp-
son. II have read it over carefully and re-
gard the opinions OF the court in these
cases. the one formerly written by Judge
Letton and the fiHal one written by Judge
Barnes, as the most important. as affect
ing the general welfare of the people of the
state, that have been handed down by
the supreme court in the last twenty-five
years. They establish the principle that
the state, through the attorney general,
may, by injunction, enforce obedience to
and compliance with valid statutes by APP
plication to the supreme court, thereby
cheokmating powerful corporations with
WDlCh llluANluudio NOhAu ANcN AAO W ~
gate and that nave hitherto resorted to
injunction against those charged with the
duty Of enforcing the law, thereby prevent
Ing rate-making and regulatory statutes
from going into effect.
Judge Barnes is entitled to great credit
for the work shown to have been devoted
to these opinions. 1t will be remembered
that during the long hot summer months
- IA uaN tala htR nell aarnnI
vacation, but was to be seen daily in his
office, and the opinions just rendered in
dictate what he was doing. To go through
the records on which the attorneys and
accountants had worked two years, con-
tanning thousands of pages OF evidence,
consisting Of numerous fluctuations OF in
tricate figures, and the briefs OF counsel
which alone covered approximately 700
pages, to secure a proper understanding
Of the facts and questions of law involved
and to apply correct principles were any
thing but an easy undertaking, especially
when It is remembered that these suits
were pioneers in their class in the courts
OF justice. The opinions measure up to
the standard OF the great %jurists. and ]
venture to predict hat the language of
Judge Barnes will be extensively quoted
In future litigation involving similar ques-
tons.
Much credit is also due the Nebraska
State Railway commission, by reason OF
its order requiring the express companies
to make mdlthly reports OF their business
in Nebraska. II secured the data by which
the state vas able to show. by actual
demonstration, that the rates fixed by the
statute were remunerativs. 1T is doubtful
If this could have been shown but for the
faithful work of the railway commission. ~
Governors Gives spells.
Governor Shallenberger this afternoon
designated the Omaha woFld-Herald ano
the Lincoln Star as, the two dailies to pub.
lish the legal notice containing the list
Of corporations hat failed 20 pay the new
state occupation tax by September /. 1t I:
estimated that the Legal rate for thi.
publication one time is at least $685.. TIT
papers designated agreed 10 publish the
notice for $40 each. A total of 81, 200 wa,
appropriated by the Legislature to pay
for It.
Miss Cation Succeeds Mrs. Marks.
Miss Eta Cation of Lincoln has beef
appointed by the managing board as ageu
for the Home for the Frieudless, and sue
ceeds Mrs. Marks, who was appointed b.
the governor and served TO september Ii
The salary of the new agent will be ST. so
per year.
Funds for Republican Campaign.
Treasurer II. C. Lindsay of the republi
can state committee got into the harness
this forenoon by visiting the party head
quarters and arranging to devote som,
time each day to the work of raising fund
for the campaign. The deficit from las
year is not wiped out yet. but current ex
penses Of the committee are being paid ou
OF the receipts and It is intended to max
a complete cleanup Of the old debt befor
election. Candidates and officeholders ar
looked to as the source from which mos
Of the funds must come, but voluntary sub
scriptlons from party workers will not b
rejected.
State Senator ]. r. Cain OF Stella calle
At the headquarters during the day an
reported the best situation in many year
in the republican ranks in Richardso
county. The ancient feud OF the Reavi
and Martin clans has practically died ou
and the leaders are squelching everythin
that might tend to reopen It. On accour
Z OF republican f~sctionalism all the couI
house berths were captured by the demo
Gratis during the last few years. but Ser
Rtor Cain predicts that some Of them wi
be reclaimed this fall.
Makes Charges Against Police.
Growing out Of the arrest OF Count
Detective VIII A. Bentley last evening a
a house of I'll repute in the bottoms b
Chief Richard and Detective Malone on tn
charge OF obtaining money under falls
. pretenses, while the later was serving wal
rants on women there, County Attorne
Tyrrell this morning filed charges again'
the two officers with the excise board d.
claring that they nave been guilty of nel
! lect of duty and corruption. 1t is allege
I that Rickard and Malone have furnishe
protection TO dissolute women and hay
failed to issue orders to patrolmen to a.
rest the women on their beats.
% When seen at his office County Attorne
ITyrrell was in a decidedly belligerent moo,