Omaha daily bee., 1897-12-01

notice Of the filing OF the same has been
given by publication In n newspaper pub
lishcd In said county having the largest
5. The plaintiff further alleges that the
right to 40 publish said notices Is a very
valuable privilege for that said notices are
published only once a year, and under the
law the newspaper publishing the same is
entitled to charge the sum OF Sl3.25 for each
notice, and that for the year 1898 the
plaintiff is Informed and believes, and
therefore charges, the fact TO be that there
will be about 200 such notices published In
the county OF Douglas.
6. Plaintiff further states that 1t is now
and has been for many years last past the
publisher Of a newspaper published in
known as The Omaha Evening Bee, said
Evening Bee being published every even
HAS THE LARGEST CIRCULATION.
T. Plaintiff further states that said
Omaha Evening Bee is a newspaper which
now has and has had for many years last
past the largest bona hde circulation of
any newspaper printed and publlshed in
Douglas county for that SAID Omaha
lation I'm Douglas county, Nebraska, of
eight thousand eirht hundred copies daily.
& Plaintiff further alleges that tho
World Publishing company is the propre,
tor Of two separate newspapers, published
in said city of omaha, and known as the
Omaha Morning World-Herald, watch Is
published every morning Sunday included,
and the omaha evening World Herald,
which Is published every evening, except
Sunday which said last mentioned papers
have different names and are delivered to
different set Of subscribers. and that
pany's newspapers have large bona
nde circulation in said county of Douglas,
by at least twenty-five hundred copies
daily, as tne said omaha Evening Bee.
.. The p.aintiff further states that on
November q, 1891 the said defendants, the
Board Of Fire and Police Commissioners,
without any notice to this plaintiff, and
without any case being then on trial before
9 said board involving the question of the
nj n
said county, passed the following resou-
ton, to-wit:
advised that under the law they should
publish their notices In the newspaper OF
largest circulation in Douglas county for
should De completed before the expiration
of their present license, n possible. ,,.
by and recognize the decision of the board
made January Sd. 1896 wherein after in
yestigatlon It was found that the daily
World Herald was tine paper of largest
circulation in Douglas county until further
order of this board
WAS WITHOUT AUTHORITY.
TO- The plaintiff AYERS that said resolu-
tion was so passed by said defendant board
In fraud of the rights of this plaintiff in
the premises, and without any power, right
II. Plaintiff further alleges that the
members of said board and the said de
win inform all persons seeking, liquor
licenses that the said World-Herald news
papers are the newspapers IN whlCh 10 pup
lish said notices, and which said applicants
will publish in said newspapers of the
World Herald, thereby deprivlng this
plaintiff of a valuable property right, to
the great and irreparable injury of this
plaintiff for which 1t has no adequate
remedy nt law.
70. Plaintiff further alleges that the said
defendants are about to and will. unless
enjoined by this court advise all appli-
cants for liquor licenses to insert their said
notices in the said World-Herald news
papers, contrary TO law and the right of
this plaintiff, and that upon being so ad-
vised by the said defendants the said ap-
plicants will publish the said notices in
said Wor.d-Herald newspapers and will
pay said World Publishing company there
for.
Wherefore plaintiff prays that said de-
PENDANTS and each of them, their agents,
employees and servants, be enioined from
soliciting. advising, or instructing any per-
son, partnership or corporation that the
said World-Herald newspapers are the
proper newspapers in which to insert their
legal notices or from doing any act or
thing TO prevent, hinder or delay any per-
son, partnership, or corporation from ad-
vertslng in the plaintiffs newspaper, as
by the terms of said resolution is contem-
plated, or from in any manner carrying
out said resolution in letter spirit, and
that this court declare said resolution null
and void and for such other and further
relief as in justice and equity the plaintiff
Is entitled to.