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Ch. 172, 173)

Commission-Employes

389

All of the necessary expenses of the board shall be paid by the county.

Sec. 22. Same-chairman. Upon organization the board shall elect one of the members, chairman. The board shall adopt such rules governing its procedure as it may deem proper. Meetings shall be held at regular intervals and a majority shall constitute a quorum of the board.

Sec. 23. Employes.-No regular appointee or employe of the board who shall have been in its service for more than 6 months shall be subject to removal, except for cause, the same to be stated in writing and filed with the chairman of the board after notice thereof to said employe ten days prior to such removal. Nothing herein shall prevent a permanent reduction in the number of employees when such action shall be deemed necessary or expedient by the Board.

Sec. 24. Repeal.-Chapter 180 of the Laws of Nebraska for 1915 is hereby repealed.

Sec. 25. Emergency. Whereas, an emergency exists this act shall be in force from and after its passage and approval. Approved, April 25, 1917.

CHAPTER 173.

(Senate File No. 142.)

[Introduced by Messrs. Albert and Reifenrath.]

AN ACT to establish a Supreme Court Commission and fix the compensation thereof and regulate the procedure in cases heard before such Commission.

Be it Enacted by the People of the State of Nebraska:

Section 1. Supreme court commission.-A Supreme Court. Commission is hereby created to aid the Supreme Court to clear its docket, and the judges of said court shall appoint three commissioners who shall serve for the period of two years from the expiration of the term of the present Supreme Court Commission. Each commissioner shall possess the qualifications of a

judge of the Supreme Court of this state and shall receive a salary of $3,000 per annum, to be paid in the same manner and at the same time as judges of said court are paid.

Sec. 2. Same duties. The Supreme Court shall assign to said commission such cases as said court may determine upon under such rules and regulations as it shall prescribe. Said commission shall make findings of facts and conclusions of law in the form of written opinions, which shall be considered by the court, and when approved by it said written opinions shall be filed with the clerk of the court and judgment shall be entered thereon and said opinions shall be preserved for the benefit of the parties or their attorneys. Said opinions shall be deemed unofficial and the court shall not be bound by the statements of law therein, except as they affect the cases in which they are filed. Motions for rehearing shall be considered by the Commission in the first instance and their recommendations thereon shall be passed upon by the Court.

Sec. 3. Stenographers.-The commission shall appoint two stenographers whose salaries shall be $1,000 per annum, to be paid in the same manner as said commissioners are paid.

Sec. 4. Members not practice law. No commissioner shall engage in the practice of law while holding said position. Said Commissioners shall not be candidates for any office other than a judicial office during the term for which they are appointed. Approved, April 24, 1917.

CHAPTER 174.

(House Roll No. 263.)

[Introduced by Mr. Richmond.]

AN ACT to prevent discrimination between attorneys by county judges. Be it Enacted by the People of the State of Nebraska:

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Section 1. County judge-recommending attorneys. It shall be unlawful for a county judge to recommend, directly or indirectly to persons having business in his office any one attorney more than another, of those practicing at the bar, of the district court within the county.

Ch. 174, 175) Supreme Court Com.-Pipe Lines

391

Sec. 2. Same.-It shall be unlawful for a county judge to suggest to any persons having business at his office that any attorney practicing in his county is for any reason undesirable or unfit to be employed.

Sec. 3. Same. It shall be unlawful for a county judge directly or indirectly to influence parties having business in his office in the selection of their attorneys.

Sec. 4. Penalty.-Any violation of any of the above provisions shall be cause of impeachment, and upon conviction thereof, the county judge shall be forthwith removed from office. Approved, April 19, 1917.

CHAPTER 175.

(House Roll No. 229.)

[Introduced by Mr. Thomas.]

AN ACT to declare pipe lines common carriers for the storing, transporting or conveying salt, alkali brine and other mineral solutions or the products thereof in the state of Nebraska, and to place them under the control and regulation of the State Railway Commission and to be subject to the provisions of Article X of Chapter 67 of the Revised Statutes of Nebraska for 1913 relative to the jurisdiction, powers and duties of the State Railway Commission in so far as the provisions thereof are applicable herein; and declaring certain corporations, companies, individuals or association of individuals engaged in storing, transporting or conveying salt, alkali brine and other mineral solutions or the products thereof through pipe lines, plant or equipment within the state of Nebraska for a consideration to be "common carriers," with powers of eminent domain as contained in Article III of Chapter 67 of the Revised Statutes of Nebraska for 1913, relating to the condemnation of right of way for railroad purposes in so far as the same are applicable to such pipe lines as "common carriers"; and regulating the charges for carriage; and to provide penalties for the violation of the provisions of this act; and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Corporations-pipe lines-common carriers.—All corporations, companies, individuals or association of individuals

organized for the purpose of storing, transporting or conveying salt, alkali brine and other mineral solutions or the products thereof of this state from one point in the state of Nebraska to another point in the state for a consideration, and owning. operating or controlling any pipe line, plant or equipment within the state of Nebraska for such purposes are hereby declared to be "common carriers" and are placed under the control of and subject to the regulation by the State Railway Commission of the State of Nebraska.

Sec. 2. Railway commission regulate.-The power, duty and authority is hereby vested in the State Railway Commission to regulate the rates, services and general control of all such pipe lines in the state of Nebraska.

Sec. 3. Same-jurisdiction. The provisions of Article X of the Revised Statutes of Nebraska for 1913 defining the jurisdiction, powers and duties of the State Railway Commission of Nebraska in so far as the provisions thereof are applicable herein to such pipe lines as common carriers herein defined are hereby authorized and made effective and to be executed in accordance with their provisions.

Sec. 4. Powers of pipe line companies. Such corporations, companies, individuals or association of individuals shall have power to store, transport or convey salt, alkali brine and other mineral solutions or the products thereof and to make reasonable charges therefor; to lay down, construct, maintain and operate pipe lines, tanks, pump stations, connections, fixtures, storage plants and such machinery, apparatus, devices and arrangement as may be necessary to operate such pipes or pipe lines between different points in this state; to use and occupy such lands, rights of way, easements, franchises, buildings and structures as may be necessary to construct and maintain same.

Sec. 5. Right of way-how acquire.-Any such corporation, company, individual or association of individuals requiring a right of way for the laying and maintaining of any such pipe lines, plant or equipment for such purposes within the state. and being unable to agree with the owner or lessee of any land, public or private, or right of way on the amount of compensation for the use and occupancy of so much of any land, real estate, easement or right of way as may reasonably be necessary for the laying, relaying and maintaining of any such pipe

Ch. 175

Right-of-Way-Crossings

393

line, or equipment, shall have the right of eminent domain to condemn and appropriate a right of way for such purpose, and shall have the powers and be subject to the provisions of eminent domain as contained in Article III of Chapter 67 of the Revised Statutes of Nebraska for 1913 relative to the condemnation of right of way for railroad purposes in so far as the same are applicable to such pipe lines as common carriers; Provided, nothing herein contained shall be construed to grant any rights within the corporate limits of any village, or city of the first and second class or metropolitan class in this state without the consent of such municipality.

Sec. 6. Crossing highways. No use or appropriation of any public road or highway or any other public property for the right of way of any pipe line, plant or equipment provided for herein shall be made except under such reasonable regulations and restrictions as may be prescribed by the County Commissioners of each county in which such pipe line is constructed. No use or appropriation of any public lands or other public property in which the title is vested in the state for the right of way of any pipe line, plant or equipment provided for herein shall be made except under such reasonable regulations. and restrictions as may be prescribed by the State Board of Educational Lands and Funds.

Sec. 7. Appropriation of private property.-No appropriation of private or public property for the right of way of any such pipe line, plant or equipment provided for herein shall be made. until full compensation thereof be first made or secured to the owners thereof and that such pipe lines on private lands or public property under the provisions of this act shall be buried. at least twenty-four inches below the surface so as not to interfere with the surface use of such private lands or public property.

Sec. 8. Injuring lines-penalty. Any person who shall wilfully and maliciously break, injure, damage or otherwise interfere with any such pipe line, plant or equipment of any such corporations, companies, individuals or association of individuals shall upon conviction thereof be punished by a fine not exceeding $500 or by imprisonment in the county jail not exceeding three months or both.

Sec. 9. Discriminations-penalty. It shall be unlawful for

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