Omaha daily bee., 1910-06-11
Nebraska
EMPLOYERS LIABILITY GOOD
Supreme Court Decides Law Of 1907
is Valid.
swOBODA CASE FROM OMAHA
Court Holds Man suing the Union
Pacific Was Engaged in Con-
structiOn and Repair
Work.
CFrom a staff Correspondent

Qrom a Staff Correspondent
LINCOLN. June 1O.-(Special.) 1.-THE SUI
preme court has upheld the validity Of
the employers liability act passed by the
legislature OF 1907. In the case of Frank
swoboda against the Union Pacific Rail-
road company, wherein a judgment was
given in favor Of swoboda, the railroad
company alleged that the plaintiff at the
time OF his injury was not engaged in
construction or repair work within the
meaning of the employers liability act.
Tho court holds that the evidence is suf-
ficient shows that the plaintiff was
gagged In construction or repair work at
the time he was injured by steam ham
mer, which he was helping operate in
the Union Pacific blacksmith shop at
Omaha. Swoboda and another employe
were operating a steam hammer weighing
about 500 pounds in flattening iron washers
which were being made for general use
by the railroad company in the repair of
engines and cars.
The employers liability act provides that
every railroad company operating a rail-
road engine, car or train in the state of
Nebraska shall be liable to any of its en-
ployes who at the time Of injury are en-
kdkeQ COnbIuCllOn OF T6phN WOIh VI
in the use or operation of any engine, car
or train for said company for all dam
ages which may result from the negligence
OF any OF its officers. agents or employees.
The court says this is a valid law and not
repugnant to tho fourteenth amendment to
the federal constitution.
Appeal Dismissed.
The appeal of the Board of County Super
~ -
w. Cattern Is. dismissed. The board, in
January. 1903. gave a contract to print
county supplies for the year 1908 to the
Perkins-Howard company. Cattern, alleg-
ing that he gas the lowest bidder, obtained
a writ Of mandamus to require the board
to give him the contract and he subse-
quently did the work. The county board
appealed to the supreme court. The court
says that In cases of concurrent original
Jurisdiction parties are entitled to have the
case advanced upon motion. This the board
did not do. The court says that IL parties
neglect to move to advance and by reason
of delay a decision of the case cannot af-
feet the substantial rights of the parties in
respect to matters complained of, the ap-
peal Will be dismissed by the supreme court
upon its own motion.
stock Yards Hearing Over.
The hearing on the application of the
stock yards for permit from the State
Railway commission to increase its switch
ing charges came to a close today, l.. e.
Wettling OF the commission being the prin-
cipal witness.
Mr. Wettling testified that the stock
yards handled 100000 revenue cars during
1909. Of which 100000 were live stock and
1900 packing house and miscellaneous cars
The total switching charges made amounted
2 to tS6S70, OF which the live stock cars
amounted to N,2l6. The average cost for
switching per crew hour, including every
thing. was S5.477h. The average earnings on
live stock cars amounted to S12l711 per
crew hour and on other cars the average
earnings was 1885 per crew hour. The net
earnings on the live stock per crew hour
was $50, exclusive of loading and unload
cents The net earnings on 1--we stock cars
was rs, 9Dn.5O and on dead freight S1s, s4S. SO.
Taylor Must File by Petition.
w. ]. Taylor of Merna, candidate for the
fusion nomination for congress in the Sixth
district. has written to the secretary of
states to see IL he had completed his filing
as q candidate OF both the democratic and
Nfcpulist parties. AS Mr.. Taylor filed his
personal application to go on both tickets,
the secretary will write him 90 get up a
petition for one of the parties IL he ex-
poets to go on both ballots. The secretary
has ruled that when candidate files
personally as demorcat he must to get
on the populist ticket. file petition signed
/ by at least twenty-five voters.
Waiting for Decision.
Just as soon as the courts decide the
case wherein the 2-oent fare law, the
freight rate law and other railroad rate
questions are involved, the railway COM
mission will be In a position to issue a
schedule of class rates that may be charged
in Nebraska. Ore of the principal points
involved In the litigation now pending, is
! division of the earnings and expenses
OF railroads betweent state and interstate
business The attorney general has main
tanned that the arbitrary apportionment
made by the railroads is not Just to the
state. II he. is upheld then the commission
viii be In position to know Just what
the rates should be in this statee as II
Will be possible then to figure Just what
the expenses OF the roads are as we'll as
the state earnings. With a ruling on this
point the commission believes that what.
ever rates it fixes viii be sustained by the
courts if attacked by the railroads.
Believes bryan WIN Run.
II feel satisfied II we get a large number
of signers to the petitions We are now
circulating In the interest of Mr.. Bryan
that he win be a candidate for the senate -
said Victor Wilson of Polk county, who
was here today on business. petitions
y have been sent to Omaha, but the party 70
whom they were sent has not yet begun
to circulate them, but he will at the pro-
per time. Every one that have asked
to sign the petitions in Polk county with
the exception Of two persons have gladly
signed them"
ma letter published this morning in an
Omaha paper Mr.. Wilson said he had
received information from reliable sources
that Mr.. Bryan would be glad to serve q
term In the senate. He was asked II this
information came from C. w. Bryan, the
only man In Nebraska who Is authorized
70 speak for the presidential candidate
but his only answer was 1.-THE Information
came from reliable sources"
More Ways Than One.
Victor Wilson Is preparing to file a petit
tion with the state railway commission
asking that it put into effect the rates on
sFIh NH Lob ~ ea