Omaha daily bee., 1910-05-14
Nebraska
NO POWER TO CAMEL STOCK
Attorney General Rules for State
Railway Commission.
LINCOLN TRACTION CASE IS UP
Governor ShaIIenberger Returns from
West, but Has Nothing TO Say
of Extra session-Mcd-
Teal Examination,
From a staff Correspondent

" rom starr correspondent
LINCOLN. May 13-(Special)-The State
Railway commission will II It follows the
opinion of Attorney General Thompson. re-
fuse to cancel the sl5OO,OOO stock Of the
Lincoln Traction company, which County
Attorney Tyrrell insists Is pure water, and
the commission will refuse to dissolve the
merger Of the two companies here. To get
the reieffae prays for Mr. Tyrrell will
have to. val to ,the courts.
The case to cancel the stock OF the
Herged companies was flied with the state
Hallway commission some months ago and
evidence was taken. Later the commission
asked the attorney general for an opinion
as to its authority in the matter Mr..
Thompson held today that the commission
had no authority to cancel stock already
issued.
After quoting the law and decisions re-
latlng to the jurisdiction Of the various
Aranches Of the government, Mr.. Thompson
raid
In the foregoing the limitation upon one
department OF government to perform funC-
tons that in a measure pertain to the
duties OF the other are properly stated, and
furnishes a reasonable guide In the solu~
tion of the question presented by your in
curry
The cancellation of the stock of rail-
road company by the commission is not
an incidental necessity to the general
powers of the commission to properly reg
ulate and control such company Even In
the exercise of its power to fix rates the
authority to cancel stock is not incidentally
necessary, since II has become a we'll
established proposition that the basis of
all calculations as to the reasonableness
of rates to be charged by a corporation
maintaining highway under legislative
sanction must be the fair value of the
property being used by it for the con-
venience Of the public" (Smyth against
Ames, 1863 u. s. 464.
L therefore, reach the following con-
en- on and give the same as my opinion
TK7t since the power of the commission to
c&Nel stock issued by railway company
is judicial and not a legislative or adj
msnistrative function. since such power
has not been granted to the commission by
\ the constitution nor attempted to be con.
ferred by the legislature. since the genera
powers of the commission are not distinc.
lively judicial and since the power to canoe
stock is not an incidental necessity to the
discharge of it's general duties 1t has nc
authority to cancel or to order the can
collation. of corporate stock of a railway
company previously issued. Other reasons
supporting the above conclusion might b,
urged, but the foregoing reasons appea,
TO me sufficient.
Governor Asks Questions.
Governor Shallenberger returned this aft
ernoon from Colorado. where he has beer
with Mrs. Shalenberger attending the wed
ding of his son, Lieutenant Martin Shallen
berger
What do you think about the extra ses
sion?' inquired the governor soon a
newspaper reporter stepped into hi
office. The governor then explained tina
he intended to follow the example of tn
Japanese prince and have his answers writ
ten out to that question do he did il
this case. beat the inquirers to it.
81 am very much out of touch with every
thing POLITICAL" continued the governor
l.,
talked of or discussed. Things POLITICAL.
happen pretty rapidly now. you know an,
1 will have to take a day or two to find ou
whose move 1t Isl
Lieutenant Shallenberger and his brid
will shortly leave with the Sixteenth in
fantry for Alaska for a stay of two years
Omaha BOquet Good Thing.
Dan Knlen was here yesterday fror
Adams and reported the Omaha republica
banquet as success in every particular
IF the republicans act they talke
at that banquet" he said, there Is n
doubt in my mind that the party will pr,
sent a solid front to the common enem
next November.
a Hitchcock Puts Up the Ante.
G. NJ. Hitchcock has demonstrated thu
he is not afraid. He sent to the secretar
of state today a receipt showing that h
had paid his $50 and drew cards in III
senatorial game. When he tried to fill
the congressman failed to bring this nece!
sary receipt to Lincoln showing that
had paid to the county clerk the so
he had to do it all over again by ma
today
Roosevelt for EpwOrth.
At the called meeting of members of II
Commercial club at noon today the etfor
of President Jones of the Epworth a.
semlAy TO have former President Roos
welt Wake an address at the last day
the assembly, August II, were taken up.
was announced that Senator Burkett Ina
sent Mr.. Roosevelt a cablegram urgir
him TO accept the invitation. After son
disiSssion It was agreed to send anoth,
rent invitation In the form of a cabl
gram signed by Governor Shallenberge
Mayor Love, w. j. Bryan and Presdel
Selleck of the Commercial Club. The me
sage was sent this evening 1t was
worded that the former president will fe