Omaha daily bee., 1909-08-21
Nebraska
COMMISSION IS LIMITED
Has No Authority TO Order Railroads
to Prevent 0verflows.
MEMBERS ASKED TO BE CAREFUL
f. Lacking, Attorney General
states, Involves Expensive
Litigation.
MEMBERS ASKED TO BE Careful
ZION a Sax Correspondent.l

vidual and damages his property, the state
Railway commission has no authority to
assess damages against the company or
to abate the nuisance.
Such is the holding Of the legal depart
ment of the state. the opinion being handed
down upon the request Of the commission,
which has received several complaints
lately from individuals whose farms or
other property have been damaged by rea-
son OF overflows caused by the manner
in which the railroads construct their
tracks. The attorney general holds, how
ever, that in a case whereby the railroad
becomes a public nuisance by reason Of
building UP an -embankment for its tracks
and thus causes water to back up and
overflow a town or a considerable por-
ton Of it, then the Railway commission
has authority to assume Jurisdiction and
issue an order to abate the nuisance.
In his opinion the attorney general holds
that the constitutional amendment Great
ing the Railway commission does not con-
fer any authority upon it to assess dam
ages or prevent amsges to an individual
in such cases as mentioned above, but
that the individual has his remedy in the
courts, where he may bring suit for lam
ages.
Mr.. Thompson also advised the commits
sion that it should be sure of its author
ity before entering orders. because it has
been demonstrated that the railroads APP
peal to the courts on practically all orders.
This puts it up to the state to pay con-
siderable costs, which could be avoided II
the commission acts circumspectly in the
matter of issuing orders in matters about
which it is not sure it has authority.
Reunion
Programs of the Kansas-Nebraska an
nuaI reunion have been received at the
state house. The meeting begins August "a
and continues until August 2S. Attorney
General Thomas speaks on the first day,
Mayor James c. Dahlman of Omaha on the
25th. Past Commander Bross of the Grand
Army Of the Republic and Colonel c. E.
Adams on the 18th, Senator Burkett and r.
d. Sutherland on the 9th and Governor
on the 18th. In addition to
the speaking, base ball games, races and
other entertainment is included in the pro-
gram.
RehearinE OF Telephone Case.
The city attorney of Bloomington has re-
ceived permission from the Railway com-
mission to hold a reheariug on the apprca-
tion Of the telephone company Of that
place to increase it's rates. The commission
the permission, but will permit ad-
ditlonal evidence to be introduced Septem-
Der g.
Orders on Rates.
The Northwestern railroad has received
permission from the State Railway COM
mission to install a rate of one and one-half
fare for the round trip to the state fair.
The Union Pacific was given permission to
put in effect new rules and rates for parlor
car service from Omaha to North Platte.
The Milwaukee railioad paid to the sec
rotary of state today 5000, the amount of
its occupation tax. This company is one
of the few that did not pay under protest.
Bee Exhibit at Fair.
The exhibit Of apiarian products at the
state fair at Lincoln, September 6 to 10,
this year promises to be of unusual in
terest. This splendid growing season has
kept the bees busy all the day long.
AS a result the beekeepeTs are getting
busy as bees with an exhibit tina will
crowd the shelves and floor space of their
building. In addition to the exhibit, Frank
Odell, the bee wizard will be there and
shut himself in a carefully screened room
with a swarm OF bees and give a daily
exhibit of how to handle bees. what you
can do with them, and what they will
do. This daily exhibit is not put on just
as an attraction, but 1t is a part of the
plan of the board of managers that the
state fair shall be a great educational in
stitution.
Starts to Pay Fine with Pennies.
Judge Riser had his dignity considerably
ruffled today when Clinton r. Lee at
tempted to pay a fine OF s. and costs with
pennies. Mr.. Lee was fined for speeding
his automobile above the limits Of the law,
according TO the policeman, though Mr..
Lee said he did not know it. When the
fine was assessed against him he took a
sack Of pennies out of the machine and
began to pour them out to the Judge. But
the Judge was not taking pennies. not
even the new Lincoln series, which have
been selling on the streets for a nickel.
He Numbered the information 10 the ar
rested one that pennies did not go in police
court in Lincoln. So. Mr.. Lee handed up
$40 which the police judge changed. Then
the police judge gave Mr.. Lee a fatherly
lecture.
FOIImer sues state.
George D. Follmer has filed suit in the
district court OF Lancaster county against
the state for $500 for attorneys fee grow
ing out Of the Boyd county land litigation.
In this case Follmer, who was then land
commissioner, did not agree with the opln-
ion OF Attorney General Prout and en-
ployed Captain Murfin to fight his case.
The legislature instead Of appropriatinE
money TO pay the claim OF the attorney
gave Mr.. Follmer the right to sue the
state.
Policeman Knocked Out.
J. W, Barrett, a night patrolman, was
struck on the head by two colored men
last night about 1870 near Eleventh and
L streets and is confined to his home,
though his condition is not serious. The
officer asked the colored men what they
were doing and instead Of answering him
verbally they Jumped on him and beat
him with a heavy zane or two. Two men
were arrested, but were released, as they
proved they were not the parties wanted
Lancaster Returns.
The rturns Of tn election held in Lam
caster county show that election day was
certainly a frolic for the nonpartlsan dem
ocrats, for they did not stick to their
ticket enough TO be noticed. Here Is the
democratic vote reported:
First, A, y; b, 4; c, 5; Second, A, 8; c..
q; Third. A, 90 b, 10; Fourth, B. II;
Fifth, A, 8, c, Is; Sixth, A, 20; B. "a, Sew