State v. Standard Oil Co.

Beferee’s Eeport: Exceptions: Findings oe Fact: Unchallenged Verdict. Where a ease is tried by referees and no exceptions to their report are filed within the time limited for that purpose, the findings of fact stand as an unchallenged verdict, upon which it is the duty of the court to pronounce judgment.

In 1897 the legislature of Nebraska passed an act known as the “Anti-Trust Law,” which was introduced by Senator Gondring, of Columbus (Senate File 330), and went into effect July 10 of that year. Session Laws, 1897, ch. 79, 'p. 347; Compiled Statutes, 1901, ch. 91a, entitled “Trusts.” Under section 4 of said act, Constantine J-. Smyth, attorney general, on November 22, 1899, commenced this-action to prohibit the defendant, a foreign corporation, from doing business in this state. January 16, 1900, the defendant filed a demurrer to plaintiff’s petition, on the ground that this court had no- jurisdiction, (1) because the supreme court is a court of enumerated powers and has no original criminal jurisdiction, and this action is criminal in its character; (2) because the supreme court has no jurisdiction in a special proceeding of this kind. This demurrer was overruled. Afterwards the attorney general made application for an order requiring the defendant to allow the attorney general to inspect and copy its books and records to obtain evidence to maintain the allegations of the petition herein. December 5, 1900, the supreme court handed down an opinion sustaining such motion. 61 Nebr., 28. The case was thereafter referred to Hon. Addison S. Tibbets and Hon. O. C. Wright. The remaining history of thé case is disclosed by the opinion.— Reporter.