Omaha daily bee., 1909-01-14
NO CHARGE FOR new JUDGES
Supreme Court Has Already Passed on
Point Raised by Ransom.
OPINION BY JUDGE SULLIVAN
In Merrick County Case Omission of
Notice of Repeal I'm Title of Bill
Does Not InvaIidate the Law,
Says the Court.
trrou ! staff correspondent.)

LINCOLN, Jan. I3.-(Special.) 1.-The
high handed action of the democratic leg
islature yesterday in making the first
move toward disrupting the supreme court
and starting a campaign which may end
in the calling out of the militia is still
the talk of the hotel lobbies The enormity
of the action is forcibly brought to light
when considered along with a decision
of the supreme court involving the identi-
cal questions passed upon yesterday. This
decision was written by Judge John j.
Sullivan and is directly contrary to the
position taken by Frank Ransom and his
democratic followers.
The basis of the attack on the court
yesterday by the democrats was claim
that the law of 1895, which repealed the
1877 law, was not legally passed by the
| legislature because the repeating clause
was left out of the title when 1t went
through one house. The 1877 law provided
that tho legislature should have the right
to canvass the vote cast on constitutional
amendments, so If the 1895 act is uncon-
stitutional, the democrats held the 1877
law was still in effect.
A case tried in the supreme court from
| Merrick county involves exactly the same
point of law 1t was claimed by the
| Union Pacific railroad the plaintiff that
law was not constitutional because
when the bill reached the governor 1t had
| a different title from that which 1t bore
when 1t passed the legislature. Judge
Sullivan wrote the opinion and in his
| syllabus he said
| Opinion by Supreme Court.
An immaterial charge In the title of a
| legislative bill, wherever made, is with
I out legal effect.
/ In his opinion Judge Sullivan said:
| The constitution regards substance rather
| than form; 1t requires that the subject OF
| legislation shall be clearly expressed in the
title OF every bill, but beyond this it does
not go. The form of the expression is al
| all times matter OF legislative choice
! We bslieve II has never been held that the
subject of legislation must be expressed
| In the title of bill in exactly the same
| language when the bill receives final legis.
| lative assent and executive approval. i
may be further remarked that the express
sion in the title OF an intention on the par
| of the legislature TO repeal the amended
| section or all acts and parts of acts incon
sistent with the new law, was altogether
/ unnecessary. That part of the title served
| perform; IL was a mere redundancy anC
might have been stricken out Of both title
/ without changing their meaning or lega
effect. An amendatory act cannot become
effective without expressly repeating tn
amended statute and repeating by implica
ton OF repugnant or inconsistent laws
sarily implied and need not be expresses
in order to apprse the members of tn
legislature and the public that the new Law
If adopted Will take the place Of the oil
one.
Judge Sullivan also gave his endorsement
of the action of the state canvassing boar
to canvass the vote and the right of TN
governor to appoint judges by accepting
judgeship from Governor Sheldon.
But in the face of that all of which wa
told then by Taylor Of Custer county. tn
stock yards attorney was able to line u
the majority in an attempt to disrupt tn
supreme court Of the state.
New Motive for Attack,
1t develops that Senator Ransom Il
fighting for a new supreme court ma
have directly in view an attack upon III
legality OF the constitutional amendmen
by which the railway commission wa
created. and that he hopes at least /
make il impossible To delegate new power
to the commission at this session.
The amendment creating the board wa
declared carried by a proclamation Of Gov
ernor Mickey the returns of the can
vassing board and not on the declarati
OF the legislature
The same point Is involved In the 81
preme court amendment and a declsio
that the latter was Illegally declared ear
| Continued on Third PSse.)