Swanson v. Sorensen, 181 Neb. 312

Summary

The Nebraska Supreme Court held that a State Railway Commissioner was eligible to run for and serve as State Treasurer. The court concluded that the constitutional provision creating the State Railway Commission was an independent part of the Constitution and did not place railway commissioners within the Article IV, section 2, prohibition against holding another state office. Judgment was entered for Wayne R. Swanson, and Fred Sorensen was ordered to deliver the Treasurer's office materials to him.

Holdings

1. A Nebraska State Railway Commissioner is not an officer mentioned in Article IV, section 2 for purposes of the constitutional restriction on eligibility for another state office. The State Railway Commission is an independent constitutional body, not an executive department or office within the enumerated executive officers covered by that provision.
2. Swanson was the duly elected and qualified Treasurer of Nebraska, and Sorensen was required to surrender the office's books and papers to him.

Questions Presented

1. Whether a Nebraska State Railway Commissioner is an officer covered by Article IV, section 2 of the Nebraska Constitution and therefore ineligible to become a candidate for or accept the office of State Treasurer during the commissioner's term.
2. Whether Swanson was entitled to the office of State Treasurer in the quo warranto proceeding.

Disposition

other