Omaha daily bee., 1910-04-05
Decision Does Not Prejudice Ca
Arising Under Amendments.
MANLEY FARMERS FOR PA
Were Dissatisfied with Treat.
the Missouri Pacific.
STATE WAS AWARDED JUDGMENT
Justice Holmes Holds that "RaiIrondS
Have Rights" and that Property
Cannot BE Taken with
out Payment.
lFrom a Sad correspondentl


WASHINGTON, April 14.-tSpecial Tele-
gram)-The supreme court today In the SO
called elevator cases against the state Of
Nebraska decided against the state in an
opinion by Justice Holmes, Justice Harlan
and McKenna dissenting, At the time Of
their passage, these cases were looked upon
as being extremely vital in the enforce
ment of the rate regulation law passed sew
eral years ago by the legislature of Ne
braska and later developed by the then at
torney general Norris Brown, now senator.
This case grew out of the Missouri Pacifi
company refusing to run a spur alongside
or near an elevator operated at Manley,
Neb., by the Manley Cooperative Grain
company of that place. 1t was shown by
the plaintiff in the primary court and the
defendant in supreme court that the Mis-
souri, Pacific company had established a
number Of stations along the line of its
railroad in Cass county and that it main
talned station at Manley, tht it had been
requested by the Maney Cooperative
Grain company to erect a sidetrack or
switch Of suitable length to approach as
near as four feet OF the outer edge Of the
ManIey Cooperative Grain company's ele-
vator. but the railroad company paid no
attention to the request, whersupon the
elevator company brought action against
the railroad company in the sum of $500
damages.
Tried in Cnss County.
The case was tried In the district court
of Cass county without jury in 1906 and
verdict was rendered FIR the state. An ap
peal was taken to the supreme court Of
/ Nebraska. which affirmed the decision of
! the court below. whereupon the railroad
company brought the matter before the
supreme court Of the United states and Sc
! cured a reversal today.
Justice Holmes in his decision reverses
the supreme court Of the state, taxing the
costs to the state and remanding the case.
Judge Holmes, IN announcing the opinion
of the court. said the railroads, like other
I owners of property, have rights that are
protected by the constitution" and their
! property could not be taken without com
/ pensation. He held the law did take the
( property of the railroad without compensa-
/ tion and hence the law was unconstitu-
/ ional
However. he said, 1t was agreed that the
law had been amended so as to give the
railroads compensation for the taking of
their property. He had looked at the statute
as amended, he said, and found this was
So yet as the case before the court orig
mated before these appointments became ef-
fective, the dcision of tn Nebraska court
must be reversed, without prejudice to the
cases arising under the law as amended.
Two wcstern Bills.
Two bills OF considerable interest to the
west passed the house today through tn,
efforts of Representative Mondell, chair
man OF the committee on public lands Tht
first provides for a survey of the unsur
.veyed lands within the railroad land grants
Of for a forfeiture of unsurveyed lands
There are approximately y, 100000 acres o
Iunsurveyed railroad land and approximatel
an equal area Of public lands I'm the sam
territory. The intent OF the bill is to fore
railroad companies owning land grant Ian,
to cooperate with the government in max
ing surveys so as to determine just what I
railroad land and what is public land. |
is deemed wise that these lands be sur
veyed as promptly as possible that the
may become taxable by states and com
munities and secondly that the governmen
may dispose of it's lands which join rail
road lands and in order that where railroa
lands occur within forest reserves-abou
, 5000 600 acres of unsurveyed lands being /
es-government officials may be abl
to determine the boundaries of public land
for the purpose of controlling and regu
ating the same.
The second bill provides that the stat
of Wyoming may select lands in place
those which will be overflowed throug
Z operations OF irrigation projects, Necessit
! for this legislation arises from the IA,
that in building the Shoshone dam, form
l ing a great reservoir covering $500 acre
q considerable areas of land owned by n
Q state were wholly or partially submerg5,