Omaha daily bee., 1909-10-21

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that in all the years Of his service, as
district attorney and district Judge, be
never missed a term Of court, and was
always ready TO open court at the time
and place fixed by law.
Retiring voluntarily from the bench to
engage in the practice Of law he opened
an office in Ponca. where he remained
until October, 1855, having lived In Dixon
county for more than seventeen years.
He then removed to Norfolk. where he
resided for more than twenty years, having
a large practice in the supreme court, the
federal court and over a considerable por-
tion Of northern Nebraska.
On the Supreme Bench.
On January 1. 1909, Judge Barnes was
appointed supreme court commissioner and
in IeOS was unanimously chosen as the re-
publican candidate for supreme Judge and
was elected by a majority Of over 5000
votes. Since 1908 his residence has been
in Lincoln, as now required b. law.
The influence OF both Judge and Mrs.
Barnes and the home life Of the family
is shown in their three sons, all splendid
young men Of high character, all gradu-
ates of the State university, one of them
now a prosecuting attorney In wyoming,
one in law practice with one OF the most
prominent legal firms in Omaha and the
other in the engineering department OF
the Burlington railroad.
Judge Barnes Is credited. by the lawyers
practice in the supreme court, with
being a hard and conscientious sporker, Civ
ing careful study to each case which comes
before him, and rendering his opinion in
%clean-cut English. such as he learned from
the hard-headed lawyers of Ohio forty
years ago. Through a broad and we'll
founded knowledge of the law and an un-
swerving fidelity to its highest ideais, Judge
Barnes has won the confidence of the peo-
pie as a judge Of their highest court.
Victory for the People.
A notable victory for the people of Ne
braska against corporate extortion in the
matter Of transportation rates wal the de-
cision OF the supreme court in the express
rate cases. handed down in the Closing
week OF September. The issues Involved
the constltutionality Of the Slbley act OF
the legislature OF 1907, which provided for
the reduction Of express rates in Nebraska
Is per cent from the rates in force in the
state on January 1, 1907. The opinion Of
the court, written by Judge John b, Barnes
and concurred in by all the judges who sat
in the case. s~ustains the validity or the
Sibley act and upholds the contentious of
the state in every respect. the decision Civ
ing to the people the relief of ~one-quarter
OF the charges Of the express companies on
the rates In force at the date named on
all shipments within the boundaries Of Ne
braska.
In the express rate case, in which the Sib-
ley act reducing express charges Is per
cent, was attacked by the able and asthte
attorneys for the express companies. Judge
John b Barnes Of the supreme court wrote
the opinion OF the COURT adding to the
precedents of Nebraska's highest court Of
Justice and Interpretation of the right Of
the people to control and regulate corpora
lions engaged in business as common car
riers, that is perhaps to be classed as
among the strongest and soundest findings
pronounced by any court in our land on
that subject. !
RecOrd of Republican Lawmakers.
In comparison with the Incompetence of
the democratic Legislature OF last winter,
the ~;aw-making attempts of which body
have repeatedly been found void and Of no
effect when tested in the courts, the record
Of the republican Legislature OF 1907. of
which the Sibley law was q part. stands
out in bold and complimentary relief. 1t
Is we'll worth restating that the laws en-
acted by that republican legislature OF 1907,
including the railway commission law, the
anti-pass law, the express rate law. the
commodity rate law and the 2-eent fare
law, have to this date withstood all attack
in the courts, and are, and for a long time
have been. in force and effect for the bene-
fit Of every resident Of Nebraska. II may
ALSO be well to keep in mind that this con-
stitutlonal. progressive legislation was en-
acted nv republicans. its constftutionality
and equity successfully defended by repub-
lican state officials and It's final vindica-
ton had at the hands of a court OF which
Judge John b. Barnes Is an honored and
conspicuous member; Of able, conscientious
and fearless judges elevated to the supreme
bench through the confidence and approval
Of the republican party.