Omaha daily bee., 1896-05-20
WHEEDON WOULD INTERVENE
Attorney for Old Line Companies Compli-
Gates the Mutual Insurance Case.
QUESTIONS THELtwS coNsHTUToNALlTY
Asks Formulation of tho supreme
Court 10 File Brief Covering
Points that Are Already Set
tied by stipulation.

LINCOLN, May l9.-(Spec'al )-AnOther
episode ocaurred today in the controversy be-
tween State Auditor Moore and the Farmers
Mutual Insurance company Of Lincoln BY
stipulation all the allegations in the answer
Of Auditor Moore to the petition Of the insur
anCe company for writ of mandamus to
compel him to issue IL a certificate have
been withdrawn but the one denying the
right of the company to take promissory
notes in payment for insurance policies. IL
had been supposed that in this shape the
matter would reach the supreme court and be
considered solely on the merits OF the case
as set forth in the amended answer This
morning Attorney c. o. Wheedon appeared
IL the supreme court and asked leave to file
brief on the question Of constitutionaity
of the mutual company to do business in
the state This was one of the points which,
by stipulation between the state auditor and
the officers of the Farmers Mutual Insurance
company, 1t had been agreed TO drop. Con-
sequcntly the appearance OF Attorney Whee-
don was in the nature of a surprise. Deputy
Attorney General Day was present, on be-
half of the state auditor. He asked Mr..
Wheedon for whom he now appeared in the
case. To this question Wheedon vouchsafed
no satisfactory reply, merely stating that he
appeared on behalf of the facts in the case.
1t appears that wind had been got of Whee-
don's intention to ask permission to file tho
brief, for a letter had been received by the
supreme court from Attorney Frank Martin
of Falls City, stating that If Wheedon was
allowed to file the brief, he. too. would ike
80 file one in reply to Mr.. WheedOn, and -
behalf Of the Farmers Mutual company.
The supreme court took the matter under
advisement and VIII decide the question to-
morrow morning. Auditor Moore is out OF
town at present, but officials in his Office in
timate that this move on the part of Mr..
Wheedon is entirely without the sanction o.
Mr.. Moore. 1t is known that Mr.. Wheedon
is the retained attorney of the old line com
panies. 1t is. also. a recognized fact that
the supreme court has the right to consider
the consttutionaty of any case submitted
80 1t, regardless of the matter embodied "a
the pleadings on record President Woods
~ the Farmers Mutual company is not in
clined to discuss the present condition of the
case. but 1t is evident that he is not in
very good humor over the turn affairs have
taken In his statement to the court Whee
don said that he had prepared the answer
of Auditor Moore to the application of the
Farmers Mutual company for a writ of man
damus, that the Consttutionalty of the act
of 1889 was attacked in that answer, and that
the auditor had signed the answer. Subse-
quently 1t had been stipulated out of the case
without his knowledge or consent, and he
consequently now desired to submit brief.
WELTY NORRIS CONTEST ENDED.
The WeltyNorris contest case. in the
Fourteenth judicial district, Is a thing of the
past. This morning Judge D. T. Welty, the
contestant in the case. fled a motion in
the supreme court asking that the case be
dismissed with costs on himself The motion
was granted 1t is said that Judge Welty
will make a campaign for congress in the
Fifth congressional district.
The Fremont, Elkhorn & Missouri Valley
Railroad company today filed with the State
Board of Transportation its answers to the
complaints OF citizens of the towns of O'Neill
and Plainview Holt and Pierce counties re-
spectively, concerning the refusal of the COM
pany to supply those towns with transfer
switches. The answers which are practically
the same to both complaints, admit the first
ard sec5nd Paragraphs, and deny all the other
allegations, assfollows:
Further. answering said findings of fact
and order, this defendant alleges that the
State Board of Transportation of the state
of Nebraska, has no power, under the stat
authority in law to make or enforce said
order compelling this defendant to construct
and operate transfer switch, or any por-
ton thereof at the village of Plainview,
in said state, or to receive and haul over
Sioux ST - city, i o'Heil OF & Eve Western n Railroad @
company. or of f. C. Hills, receiver OF
otSer etS or to- deliver ahs s
own cars to such other railroad company to
be thereafter transported by such other
railroad company to points and places be-
yond the route and off from the line of this
defendant, the Fremont, Elkhorn d Missouri
Valley Railroad company.
Wherefore, said defendant demands that
said findings Of fact and order be vacated
and set aside, and that this proceeding be
in all things dismissed and discontinued.
The time set for the hearing of these cases
has been continued until the second week
In June. when General Solicitor Bowers of
the Northwestern system of Chicago will ap-
pear, In company with William b. Sterling
attorney for the Elkhorn, on behalf of the
road. The answers of the Elkhorn and Union
Pacific roads in the matter of distributing
rates out from Lincoln, were to be filed with
tho Board Of Transportation tomorrow To-
day Attorneys w. X. Kelley, for the Union
Pacific, and w. B. Sterling for the Elkhorn
asked an extension of time, and Secretary
Sutherland of the State Board of Transporta-
tion set the date at June |, 1896
The following claims for water under the
new irrigation law of the state were allowed
today by the State Board of Irrigation: Nc
Carthy ditch No. l, for water from the east
branch OF Brush creek Holt county; Ashton
ditch, Elkhorn river Holt county; Erickson
ditch Goose creek. Brown county. The fol-
lowing claims were dismissed Frederick
Crook, claimant, Goose creek Brown county
=. s. Roneche, North Loup river Cherry
county Daniel l., Johnson, North Loup river,
Greeley county.
Omaha people in Lincoln: At the Llndel-
A. ii. Burnett. John l.. Kennedy At the
Lincoln-E. ]. Cornish. A. l., Canaway, Il. A. |
HolyOke, Robert w. Patrick, j. H. McIn-
tosh. Charles r. Lee, l. N. Pratt George
Wilkinson, Il. w. Lee, T.. e. Mufitt and
wife.