Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-03-01
PENALTIES WITHOUT VALUATION
Possibility Railway Commission Might
Order latter
FAvORs A SIMILAR BILL
Determined Effort to Kill 1t in Lower
Body Futile
KILLED ANTI-CoURsING MEASURE
Committee to InvcstiRatc system Of
auditing Accounts on Part of
state Makes Recommendation
SALARY Raises FnVorcd.


,From a STAFF Correspondent
/ LINCOLN, Feb 2S--tSpecial THE OluE
stock yards bin as Il was amended in con-
| ference this morning was put on general
/ file by the senate this afternoon, and unless
some senator's change their votes, will be
passed. The Taylor-Dolezal bin was simi-
! larry placed by the house. The oils bill
as amended leaves penalty. puts the
/ stock yards under the control Of the rail-
way commission but cuts out the provisions
/ for a physical valuation
! The surprising feature OF the bill may
develop to the sorrow Of the stock yards
/ n they are in truth opposed TO a physical
valuation, is that under its provisions the
railway commission might order a physical
valuation as part Of IT'S advisory control
| II is an open question whether OF not thsy
could do this but It is very much more
probable that they could than that any
/ court order would be issued to stop them
An actual physical valuation then Is by
/ no means an impossbllty under the pro-
visions OF the bill
When the bill was taken up in the com
mittee of the whole there was P loud iangle
| over the rules OF procedure, as the senate
| arose from a former committee meeting
without deciding just what was TO be done
/ ".
"ch was nothing but a complete revision
| Of the bill OILS and Piacek had ar
ranged II, was introduced.
Albert Against Penalties.
Senator Albert moved as a substitute a
more ambiguous bill and one that provided
no penalties except by provision to ex-
tend over the stock yards the penalties
against common carriers for violating or
dpre NJ the ra ilvyav cornpafaafon Hhia v-aa
supported by Albert in a speech of some
length in which he urged moderation and
consideration for the commercial interests
of the state.
Oils spoke in favor OF his bell and was
seconded BY Skiles aud Hoaglaud HoSg-
land said Alberts law would be unen,
forceable and inconsistent The Albert
amendment was then lost by a standing
vote OF a to II and tlie Ollis bill recom,
mended for third reading by acclamadon.
When the committee rose to report Bartos
moved not 10 concur. Tho roll call stodd
on this notion
Ayes-Bartling Bartos Horton Jansen,
Kohl. Morehead, Reagan Smith (Boone),
Tanner, Tibbets, Volpp-1i
Noes-Albert, Banning, Budlnson, Brown.
Cordeal Cox uIamilton). Cos CKearney),
p Hoagland, Kemp, Lee Oils. Palcek. Rey-
nolds, selleck, sldes, Smith (Fillmorel,
p Talcott, Warner, Wlcox-to.
Text Of Neasute.
; The surprise was Alberts vote, which
/ was cast to concur IN the report against
his own amendment. The oils recommend
alton was then accepted BY acclamation
/ and the hill goes on general file. The bill
now reads as follows;
E IS T.. li5 A bill for an act defining
, stock yards, providing for the regulation
and control Of the same. giving the state
Railway commission jurisdiction to regu-
late the service, tolls and charges thereof
and providing penalties, and to declare
such stock yards common carriers and re-
pealing sections S167-a and sl67-b OF Cob
bey's Annotated statutes OF Nebraska for
1899"
Section l. The terms stock yards as used
herein shall mean and embrace all cor
, porations, individuals, associations Of in
diViduals, their lessees trustees or recciv-
, ers (appointed by any court OF lawful au-
|, thority whatsoever that now or hereafter
may own, operate, manage or control any
, yards and pens, railroad tracks, switches.
engines or other motive power. for the pur-
pose of handling live stock in transit and
for sale and all stock yards are hereby
declared to be common carriers
Sec. >. The state Railway commission
shall have power TO Issue orders regulating
service and charges OF all kinds at an
stock yards, and the same shall be en-
forced in the same manner and under me
same penalties as orders regulating com
mon carriers provided, that where no
other penalty IL provided by law for a
violation Of any such order, Il shall be
punishable by penalty OF not less than
SlO0 nor more than $500 and where the
violation is continuing one. each dav
thereof shall constitute a separate offense
Section 3. Every stock yards shall han
Gle, unload and yard all cars OF live stock
arriving between the hours OF o'clocI,
a. m. and o'clock y. m and deliver into
yardes used by commission company. when
80 requested, within two houfs after the
final delivery Of the same at the tracks OF
said stock yard by the connecting rail-
road, except In cases OF Unavoidable DELAY
or unusual circumstances. For each half
hours delay in handling and unloading
live stock beyond the period prescribed
% herein any such stock yard shall forfeit
q and pay to the shipper OF SAID live stock
p or his agent as demurraRv within twenty
= four hours after unloading said live stock.
the sum Of s. for each car OF live stock
= so delayed. Said payment TO be made by
mailing draft or certified check TO agent
or owner. Provided that II any part OF
the forfeitures described IN this section
shall be collected by n suit at law an
attorneys fee OF s. per car shall be al
lowed the plaintiff by tn ecourt. but not
= exceeding 3l5 on any one shipment
Section T. Every stock yard shall keep
a record showing the time OF delivery and
turning over at the yard Of said stock to
the commission firm, agent or owner.
: Section 5. Every stock yard shall fur
= nish scale facilities sufficient 70 weigh an
q live stock without unreasonable delay. IL
! shall furnish yardsge 10 handle all live
Z stock in yards and no charge shall be
p made for yardage where yards are not
= furnished.
b Section s. That sections 5iSI-asnd 1857 b
d OF Cobbeys Annotated Statutes Of Ne
braska for 1909 be and the same are hereby
e repealed"