Omaha daily bee., 1911-03-24

hall be six years. and whose comi4naauon
hal be fixed by the legislature. OF the /
three commissioners first elected the one
receiving the highest number Of ovtes shall
mold his office for six years. tne next lllsn-
he powers and duties OF such commission
shall include the regulation OF rates' ser
vice and general control OF common car
riers az the legislature may provide by
law But IN the absence OF specific legisla-
tiun. the commission shall exercise the
powers and perform the duties enumerated
in this provision"
Mcanins OF Commi--iou Act.
I knowit vas the intent Of the author OF
the Nebraska Railway commission law, as
well as thar OF the legislature that pass,
inns measure. 10 limit It's jurisdiction to
the enumerated particulars IN said con
stitutional amendment This being True
then It logically follows that the meaninL
OF the word Include" is to comprise
hat Is 20 bring within its own OF specihed
limit those particulars which follow me
word include in the constitutional
amendment And these enumerated pan
ticulars are az follows Regulation OF
rates service and general control OF com
mon carriers as the legislature may pro
vide by law You cannot by any possible
distortion read the right Of control OF pub
tic markets into tins provision.
I wish however IN this connection 70
say that it ~ my opinion that any stock
ard or public market that operates ran,
road which Is a part and parcel % SAID
yard or market and Is essential 10 its ope'
ration In the performance Of is duties,
then IN that case, the whole thing should
be considered together as 0ne enterprise,
and IN my opinion the entire subject can
be defined by the legislature as common
carrier and by proper statute brought un-
der the regulation Of the railway com
mission This measure in question, In eff
feet, plainly declares the stock yards are
be public markets
And to safeguard any possible construc-
ton that stock yards might be construed
under the provisions Of this act to be a
common carrier. Il Is defined to be a
public market for Il provides expressly
ton /. which commences with the word
provided" and says. that the railway
department Of any stock yard company Ii,
used as q common carrier Of freight shall
not be affected BY the provisions hereof
stock yards Excepted.
Then, by excepting in plain terms, the
stock yards railroad from the control Of
the railway commission, this House Roll
power and authority not contemplated by
The constitution, but IN effect prohibited
by II; because We have the Jurisdiction
uf the Nebraska Railway Commission Act
defined In subdivision OBJ OF Section 2
)"General Control over Common CaTriers)
said commission shall have the power to
regulate the rates and services OIL, and 70
exercise a general control over all rail-
roads, express companies, car companies,
sleeping car companies, freight and freight
hne companies, and all other common
carriers engaged in the transportation OF
freight or passengers within the state
Again, we tnd in q 1nrtner PROVISION In
said railway commission law In the second
paragraph OF section T. which defines
what shall constitute a common carrier
within the meaning Of the provision OF
the Nebraska Railway commission law,
and Il In Ak follows. THE term common
carriers as used herein shall be taken to
include all corporations, companies. indi-
viduals and association OF individuals,
their lessees, or receivers tappointed by
any court whatsoevep) that may now or
hereafter own, operate, manage control
any railroad, interurban or street railway
line, operated either by steam OF cleo
tricity or any other motive power, or part
thereof, or any express company car COM
pany, sleeping car company, freight ana
freight line company, telegraph and tele-
phone companies, and any other carrier
engaged in the transmission Of messages
or transportation OF passengers or freight
for hire" rrr
Covers Common Carriers.
Also the title of said railway commission
law expressly provides for control only
over common carriers. In other words
you cannot, by an express statute, dele
gate power and authority TO this railway
commission when said authority is, I'm ef-
feet, prohibited by the act itself. II would
be just as sensible to- say that by statute
you could confer upon the railway com
mission, power TO regulate the huckstei
market OF Omaha, or TO enforce the purs
food laws OF this state.
To summarize, this act purports to give
the State Railway commission power ant
authority to regulate rates Of stock yardi
and then nullifies Sc power and ties tn
hands OF said commission by defining TN
stock yards to be something over which
the commission can exercise no control
to-wit, "a public market" The constitu
commission no power or jurisdiction to III
rates and charges for public markets. moi
in my opinion, can any be given while thu
constitution remains as II U.s.
These. then, are the objections which, n
my opinion, fails not only to afford tn,
relief sought but even prohibit 1t. I
therefore. withhold by reason Of the fore
going objections, my official approval I,
II. r. 49, and hereby veto the same.
Vote on LOR Rollins.
The Norton anti-logrolling bill which has
been considered more or less OF a joke by
some members, was put 10 a vote today
when Norton tried to get a reconsidera
ton Of yesterdays postponement. The pTac
teal purpose fthe bill was to get a lis
OF the men who would vote against it ant
the motion brought out the following nays
Bailey, Bsrtels. Boland, Bonham. Brecht
Bulla, Clarke. Grossman Grueber, Har
rington Heiliger II lines, Hospodsky. Law
renee, Liver, Matrau. Meyer Morlarty
Murphy, McArdle. Mccarthy. McCieliand
MctSissick NOvdgren. huffman, Pulls
Regain, Riha, Sagl, Sink Skeen. Smith
Weesner, and the speaker-S2.
The ovtes In favor numbered 80.
House Adjournment Committee.
The house appointed it's members OF tn
Joint. committee 10 decide a time for ad
journment this morning the speaker nam
mk + hlleIs Aeluikh ana Nelf. IneSe thre
ana the three senators appointed yesterda
will set together Immediately and fix
final day for work
An attempt TO start night sessions Tue,
day OF next week was squelched In n
house this morning. McKissck move
that the early hours for beginning II
afternoon and morning meetings shou
be abandoned and that the house shou
begin to meet every night from ne,
Tuesday to the close OF the session. TT
chorus OF noes was sufficient to show
decided aversion 10 beginning the troubl,
some evening work although fifty-s
days have passed and there seems TO
little hope OF adjournment for at lea
week or ten days more.
NOR-Partiaan Judiciary Fight.
An attempt TO foist nonpartlsan Judi
larry measure upon the house through q
amendment Of the Gustafs0n primary b