Legal Opinion

In re Railroad Commissioners

Nebraska Supreme Court

Decided January 15, 1884PublishedCited by 17 opinions

This was a matter coming before tbe court by tbe following document: “Whereas, The constitutionality of the railway commissioner system has been questioned, and there are differences of opinion among the members of this legislature as to the construction of sec. 26 of article V. of the constitution of the state of Nebraska, which provides that ‘No other executive state office shall be continued or created/ “ Therefore be it Sesolved, That the members of the supreme court of…

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This was a matter coming before tbe court by tbe following document: “Whereas, The constitutionality of the railway commissioner system has been questioned, and there are differences of opinion among the members of this legislature as to the construction of sec. 26 of article V. of the constitution of the state of Nebraska, which provides that ‘No other executive state office shall be continued or created/ “ Therefore be it Sesolved, That the members of the supreme court of this state be and are hereby respectfully requested to answer the following questions: “1st. Would railway commissioners…

1Opinion of the Court

Opinion oe the judges.

To the Honorable the House of Ttep'esentatives of Nebraska:

We have the honor to acknowledge the receipt of a copy of a resolution adopted by your honorable body on the 22d day of the present month, whereby the judges of the supreme court were requested to ansAver the important question hereinafter stated.

While we cheerfully comply with that request, Ave desire in the first place to say, that courts or judicial officers, in this state at least, are but seldom called upon to decide or pass an opinion upon important legal or constitutional questions without first having the…

2Cited by17 opinions

  1. State ex rel. State Railway Commission v. RamseyNebraska Supreme Court · 1949
  2. State Ex Rel. Spire v. ConwayNebraska Supreme Court · 1991
  3. Swanson v. StateNebraska Supreme Court · 1937
  4. People v. SalsburyMichigan Supreme Court · 1903
  5. Trapp, State Auditor v. Cook Const. Co.Supreme Court of Oklahoma · 1909

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