Omaha daily bee., 1896-01-19
CONTESTINC WATER RIGHTS
One Case Filed and Another Disposed Of by
the Board Of Irrigation.
DEcH AND JONES MUST CLEAR THEMSELVES
Governor of the Opinion They should
DO So or Quit the states Service
Both Assert They Were Not
Nenr the Place in Question.

-tOtn ASSeFt Iney were MOI
Near the Place in Question.
LINCOLN, Jan. 1S.-(Special.)-A contest
was filed today with the State Board Of Irri-
getlon by the Elkhorn Irrigation company
against Frank NJ. Tyrrell, Anna M. Huddle-
son and the o'Neill Milling company OF
O'Neill. Holt county. AS grounds OF the con-
test, the contestants set up that they were
the first and only people to build an irriga-
tion ditch on the Elkhorn river. In May.
1894, they began their ditch and completed
1t in 1895, expanding s19, 900. Subsequently
they expended $1,000 more In laterals, and
they have had the ditch in operation ever
since. The contestees. on the other hand,
have accomplished practically nothing aside
from building a Touring mill, which burned
down, and digging a ditch which they after
ward sold to contestants. The beard Is asked
to confirm the right Of the irrigation COM
pany.
The contest of the Dundy County Irrigation
company against ]. r. Phelan and others has
been dismissed for lack Of proof. The con-
test was instituted for the purpose Of prov
ing the rights claimed by contestees to the
waters Of Rock creek, a tributary of the
Arickaree fork of the Republican river, in
ferior to those of contestants to the same
waters. But one witness was sworn by the
contestants, and his testimony was so con-
fused that the contest was dismissed at
once.
The trial of Deputy Warden J. H. Jones
and Steward William Dech Of the peniten-
tiary came to a conclusion for the present
this afternoon. The charge against them
was preferred by one of the demi monde liv-
ing on the reservation" known as Molly
King, and the complaint alleged that the
said Jones and Dech kicked in the front door
of the house and committed other depreda-
tions to the amount of 81 damages. War
rants were sworn out and jones and Dech
appeared before Police Judge Waters last
Wednesday night and had the case continued
until 2 o'clock today. They appeared promptly
on time, accompanied by Attorney Stearns,
and demanded a change Of venue to Justice
McCandless. The court figured the costs to
date as amounting to $21.10, and upon pay
ment of this sum the change of venue was
granted. Both Jones and Dech declare that
they were not anywhere near the premises
in question on that night, and say they pro-
pose to expose the entire animus Of the pro-
ceedings, believing as they do that 1t all
proceeds from political motives. On the other
hand, 1t is considered pretty certain that
Governor Holcomb will demand that both
Jones and Dech clear themselves completely
on the charge on penalty Of dismissal from
the service Of the state.
VACANCIES IN THE MILITIA.
Adjutant General Barry has issued a spe-
cial order, No. 2, accepting the resignation of
Second Lieutenant Frank Mason, company H,
Second regiment, Nebraska National Guard,
Of Tekamah, to take effect January 20, 1896.
The commanding officer of company II is
ordered to assemble the command on Febru-
airy Z and elect a second lieutenant to sue
coed Mason. The commanding officer of COM
pany F, Second regiment, is also ordered to
assemble his command at 8 p. m, January
20, and elect a second lieutenant to fill an
original vacancy.
An extradition case combining a number
of rather peculiar features is now being con-
sidered by Governor Holcomb. Several years
ago a man named Wallace Merchant, living
in SCOTS Bluff county, is alleged to have
stolen a cow. He escaped, and all trace of
him was lost. subsequently, 1t was dis
that he was living in Wyoming and
a requisition was issued for him on the gov
ernor of that state. Now Merchant writes
to Governor Holcomb, asking that the requi-
be recalled and stating that the facts
in the case nave not been correctly stated.
At the time the cow was stolen another man
namedsYork Nichols was arrested as an ac-
complete of Merchants, convicted and sem
fenced to the penitentiary. 1t is said that
Is now an influential and wealthy
stockman. Governor Holcomb is considering
the case and may recall the requisition.
At 6 O'Clock this morning two young neil
who sleep in the store formerly occupied by
the Nissley Dry Goods company discovered a
man in the place. He had made a collection
of several articles, which he was preparing
to carry way when he was discovered, and
made a bolt for the door. He was not at
all slow, but one of the young men took a
shot at him and is positive he hit him. At
about the same hour burglars broke into the
office of Councilman Dick Young, corner of
and r streets, and blew open
the safe. They got nothing. From there it
is thought the same burglars went to the
office of the Standard Oil company, North
street, pried open the front door
and ransacked the building, obtaining, how
ever, little to. reward their efforts.
Omaha people in Lincoln: At the Lindell- |
w. S. Heephrey, e. F. Margaret. At the
Lincoln-C. w. Parker, w. N. Decker, w. S.
Straun, s. G. Aver.