Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-03-31
|. J. Dunn Presents an Argument in
Opposition.
TToRNEY TYRRELL DEFENDS 1T
Insists Bill is Drawn for the Benefit
Of the Cities.
OPEN PRIMARY RECOMMENDED
senate BIII Reported Back to House
with Only Verbal Amendment,
All Material Changes Being
Voted Down.


From Staff Correspondent
LINCOLN March -CSpecial)--After p
bearing i'm which I. J. Dunn of Omaha ap-
peared against and Frank Tyrrell, county
attorney of Lancaster county, for the bill,
S. f. 354. by Donohoe of Holt. was recon-
mended for indefinite postponement. and
later the house concurred In the report.
The bill provides that the State Railway
commission shall have power to issue indie
terminate franchises to and regulate elec-
trio light, gas and water companies doing
business in cities and villages.
Dunn insisted that this would permit the
granting OF perpetual franchises by the
State Railway commission and thereby
take from Omaha millions of dollars during
the coming years. The gas company alone,
he said. would save at least $4,000 in the
next twenty-five years
He held 1t no business OF the legislature
TO enact laws which would take from the
cities and towns OF the state any of their
rights TO regulate their corporations. The
people pay for the streets and they have
right. he said. to rent them to corpora
tions without the consent OF any State
Railway commission 100 or more miles
away. The bill would shut out competing
companies which the city may desire TO
allow to do business. The franchise under
the bill could not be terminated, he said,
unless the city bought the plant
He denied that any city In Nebraska was
asking for the BILL but that the franchised
corporations were anxious for It's passage.
and he quoted Senator Howell, saying the
measure had been offered to him for in
PRODUCTION by Mr.. Springer, who is repre-
sentng a gas company before the legisia-
ture The bill was desired, Dunn said. by
the Consolidated Gas company of Philn-
delphia. which owns the Omaha company
and probably the Lncolu company. Taylor
of York interrupted to remark that he had
seen letter from the Philadelphia coni-
rary in opposition to the measure.
II the bill passes. said Dunn. the gas
testing plant in Omaha would have to go
to the junk heap, as would lot of other
apparatus, because the city would have
nothing to say about the quality of gas
lights or anything else about the manage
rnent of the corporations.
TyrreII Defends Bill.
In defense of the bill County Attorney
Tyrrell said he had drawn the measure
and it mad been taken from the Wisconsin
law. He had never presented It to sena-
tor Howell and neither had the measure
even ben discussed with Mr.. Springer, so
far as he knew. He told of the conditions
In Lincoln, whereby the Traction COM
pany had failed TO furnish good service
| until a second company had been organized
by the people. The latter company secured
rights from the city council which the
old company could not secure. When 1t
grew to be a real competitor OF the old
company. then instead of the people get
! ting any relief, the two companies merged
and issued watereo stock to the amount Of
81, 900 or 100000, upon which the people
would have to pay the dividends.
"If this is a corporation measure and the
corporations are back of 1t, they are get
! ting themselves in very bad hole" said
the county attorney, The bill. he said, took
! no power away from the cities in the man
ner of granting franchises. 1t provided that
! the physical valuation OF the plants should
be secured by the railway commission and
| the rates should be based on that. The
franchise granted by the commission
should be lndeterminate and when the cor
| poration failed to do what the people of
| the cities desired, a complaint could be
filed with the commission, and he said ac-
tion could be secured there quicker than
| from the counnil, The railroads had beer
I
last legislature and this bill. n passed.
would put the local corporations oJt OF
local politics. At the present time, ne
said, the corporations. each having a few
votes under control could bunch them
and control the election of council. lie
cited the conditions in Lincoln and showed
how the ptople had been forced to fight
| for any relief, because OF the influence OF
! the corporations In local politics. This
would be relieved, he said, by placing the
matter in the hands of the commission.
| Dunn in his speech demanded to know OF
| Tyrrsll II there was one single city asking
| for the bin or one person connected with
city government
Mayor Brown is for the BILL" replied
! Tyrrell
Did he understand it when he expressed
himsef?" asked Dunn.
He probably understood II better than
other mayors. or they would be for il. too"
rctorted Tyrrell.
. Mr. Tyrrell recited how he had started
some sixty suits as result OF the legisla-
ton enacted by the last legislature, and IL
was his belief that this measure should
pass and was in line with the reform move-
ment. He announced that he expected to
start proceedings in the matter OF the stresa
car merger when that is finally consum-
mated.
DOnOhoe Defends H.
! Senator Donohoe talked briefly before
Mr.. Tyrrcll, denying that he had been
worked by any corporation agent or that
he had introduced the hill at the request
OF any agent OF corporation. He believed
il right and should be passed.
Taylor OF York, republican moved to in.
definitely postpone the bill, though admit
ting there we're some good sections in f.
He opposed the railway commission grant
ing franchises for the use Of city streets
Nettleton Of Clay county. q republican
spoke as did Taylor ard seconded the mo-
ton. Victor Wilson. democrat from Palk
leountv favored The hill and haltavaa 4.