The Falls City tribune., 1909-10-08

Sullivan. himself a democratic eandi-
date for supreme Judge, to defeat the
occupation tax placed on corporations
by the legislature.
The first litigation growing out of
The late session of the legislature was
that resulting from an attempt of the
Joint convention OF the Legislature to
use ana usurp the functions Of the
state canyassing board and TO recan-
Yass the vote on the constitutional
amendments, certify the same 10 the
governor. have him make his procla-
nation declaring the amendments car
ried, aud then appoint four judges of
the supreme court, all of which duties
had been performed according TO law
by tie state canyassing board and
the gov ernor long before the legisla-
ture convened. This litigation was
styled State OK rel. Oldham V. Dean,
III NV. 719, resulting in a direction
in favor of the action of the state
canvassing board and Governor Shell
don in eanvassing the vote and the
appointment by Governor Sheldon of
the judges of the supreme court.
Another suit was State ex rel. Ra-
gan V. Junkin, attacking the constitu-
tionality of the so.ealled Donohoe on
partisan educational and judicial cleo
IL 49,. mt. ,,,ft Ya1N1taI IN a hold
ing by the court that the act of the
legislature was unconstitutional. The
courts opinion was rendered August
Is, 1909.
The next law assailed was the act
entitled, IAN act to amend sections
one Cd and twenty-five (22) of sub
division thirteen G3), chapter sew
en~ty-nine t79) of the Compiled Stat
utes of Nebraska for 1907, and to re-
peal the said original sections as they
now exist and to provide for an emer-
geney." The real purpose of this
act was to remove from office the
present member of the state board
of education and to authorize the
democratic governor to appoint a new
board. The constitutionality of this
act is in question in a suit entitled
State ex rel. Thompson V. Majors ct
al.
Another act passed by the legisla-
ture and which is assailed in the
courts as unconstitutional is the''bank
guaranty" act. The suit was com
menced in the federal our and a TEN
porary injunction has been issued, re-
straining the enforcement of the law
until final order of the court.
Another act passed by the legisla-
ture, the constitutionality of which is
challenged In the courts, Is the act
taxing corporations. This suit was
commenced in the district court and
will soon be submitted on demurrer.
Perhaps one of the most insipid
acts of the late legislature is chapter
SO of the Session Laws of 1909. This
bill, as originally drawn and intro
duced by Senator Randall, fixed proper
penalties against railroads and rail-
road officials for failure to enforce
the same. The committee to whom
the bill was referred removed all the
penalties provided for in the bill
against the railroads and their Of
ficials affected thereby, and rendered
the act of apparently no vital effect,
Another act of the late legislature,
which has been rendered Impossible
of enforcement, is House Roll 1853,
-. H.. - ~. III rnncnnrfl =
ton for residuum fuel oil or fuel Pc
u oleum, by reason of errors which
crept into the enrolled bill through
the incompetency CT the e~ngrossing
or enrolling clerk in failing to enroll
the amendments made thereto by the
senate.
Even some of the "pie-counter'
bills, intended to make jobs for demo-
Gratis on the public payroll We're so
faulty that the democratic politicians
have not attempted to exercise au-
thority under them and claim the
jobs"-notably the new Law giving the
appointment of the secretary of the
printing board to the democratic gov
ernor-a law that was passed express
ly for the benefit of a democratic
member of the late lamented legisla-
ture, who vas to have the job"
This is a glimpse of democratic
competency and efficiency rs evil
denced by the democratic legislature.
Whenever tested with responsibility
the democratic party has failed to
make good"
To avoid the responsibility for its
recent failures the democratic party
is this year out on a "non-partisan'
platform and is raising a cry for the
election of democratic candidates as
non-partisans. This deceives no one
it is the democratic plan to avoid
the responsibility for the recorded
acts and failures of the democratic
party.