Omaha daily bee., 1897-05-20
RAILROAD LOSES THE CASE
Coal Rate Controversy Goes Against the
Missouri Pacific.
CHARGES ON NINE RUN DECIDED TOO HIGH
state Board OF transportation Hears
and Gives Its Opinion In n Case
thnt Affects Omaha
Interests.

| LINCOLN May 19-(Special) THE Goa
| rate case was heard by the State Board o
Transportation this forenoon, and an interest
ing point was brought out which is of more
than local interest. The case was brough
by George w. Gribben on complaint OF Lin
coin and Omaha coal dealers that the Mis-
| souri, Pacific road has been charging toe
much for hauling mine run coal from Pan
anna Mo-, to the two points named. 1t was
set out that the rate on lump coal was 81 4:
per ton, and that the mine run rate should
be $l07h per ton, whereas the railroad com
pany was charging the higher rate for both
grades alike. The railroad company set up
want Of jurisdiction on the part of the
Board of Transportation, making the show
ing that 1t was an Interstate matter. The
case was heard by the Missouri state board
few days ago, and the decision was reserved
pending negotiations for settlement of the
difficulty between the parties In the hear
ing of the case this morning the defendant
railroad company did not appear, relying on
It's objection to the jurisdiction of the board.
Two or three witnesses were examined and
the subject of complaint was inquired into.
From the testimony 1t appeared that the
mine run coal is billed out as such at Pan
ANA without objection by the railroad COM
pany, and that the additional charges are
tackled on after the cars reach their destna-
tion. This the members of the board are
inclined to think would put the case within
their jurisdiction, and while the case Is still
under advisement, 1t Is stated that the de-
csion will be made tomorrow that an over
charge is being made by the railroad COM
pany. 1t is admitted that an appeal Is sure
to bo taken in order to rest the question of
jurisdiction.
OLD APPROPRIATION HAS A SURPLUS.
In a written opinion to the state auditor
today the attorney general says that the
claims OF George w. Ledigh and others,
amounting to 81 ,07560, cannot be paid out
of the penitentiary appropriation of 1895 for
the reason that the labor was performed
since April 1, 1897 He holds that after that
date the pay must come from the new ap-
preparation and that the 100000 that re-
mains of the appropriation of 1895 is not
available and must be turned back into the
treasury on the list of August. In regard to
the claim for goods furnished the state by
II. Fl. Glover & Co., part Of which was
furnished in March and part in April OF this
year, the decision is that the claim for the
part furnished prior to April 1 must be
paid from the 1895 appropriation. In case
1t were legal to do so, the auditor had de-
sired to draw upon the old appropriation TN
til it was exhausted, and the opinion was
rendered upon his request for information
on this point.
LINCOLN'S CHARTER CASE.
The supreme court occupied the forenoon
in hearing the oral arguments in the case
of the old Excise board of the city Of Lin
coin against the new Fire and Police commits
sion, involving the constitutionality Of that
part of the new charter creating the COM
mission. The petition was brought in the
form of quo warranto, praying that the Fire
mi ieeio mil oh ha Ousta
prevented from interfering with the duties
of the Excise board. Judge Reese appeared
for the compainants and argued that the
section creating the commission was an
amendment to a section of the act of 1891
and that the original section had reference
to an entirely different subject. Decisions
were read to show that original sections of
an act, when amended, must be in effect a
title to the section as amended. The con-
stitutionality of the acts of 1891 and 1897
was also questioned. Judge Tibbets and
Judge Broadly, attorneys for the respondents,
in their reply to the arguments of Judge
Reese, set up the plea that the court should
decide according to the intent of the legis-
lature and were inclined to make light of
the complaint At noon the arguments
closed and the case was taken under advise
ment
The expert in the state treasurer's office
has almost completed the additions and post
ing of the books for the period of four years
ending January 1, 1897, and will commence
tomorrow on a comparison of the vouchers
with the amounts posted In the books. In
this part of the work he will be aided by
one Of the other experts. No intimation as
to the result of the work on the books has
yet been given out.
In the mandamus proceedings against the
state auditor to compel the issuance of
vouchers for official salaries without an affi-
davit having been made by the claimant, the
supreme court has denied the writ, which in
effect afflrms that for the sake of uniformity
all claims must be sworn to before vouchers
can be issued, ,...
The Cooperative Cigar company of Omaha
has filed articles of incorporation with the
secretary OF state. The capital stock is
$4,000. and the incorporators are b. Bruen-
ing r. E. Philbrick,: j. B. Doyle and Fred
B. Kleffner