Omaha daily bee., 1898-01-08
WILL GIVE OPINION TODAY
Judges Have Decided the Liquor Licenfe
Protest Case.
COURT READY TO PASS ON PUBLICATION
HearinE of the Appeal in the Case
of Kitchen brothers Hotel
Company Ended and De-
cisIon Reached.

During all Of Thursday afternoon and dur
ing a greater portion OF yesterday Judges
Baker, Dickinson and Fawcett were sitting
en- banc for the purpose Of hearing arguments
on the protest OF N. p. Fell against the
granting of a liquor license to the Kitchen
Brothers Hotel company. The license was
granted by the Board Of Fire and Police
Commissioners over the protest mentioned,
after which an appeal was perfected and an
agreement entered into for hearing before
the three judges named.
1t was contended by the protestant that
the protestee had not complied with the pro-
visions of law relative to the publication OF
applications and instead of inserting his
notice in paper with the largest clrcula-
tion had inserted 1t in the Daily" World
Herald, a paper that has no legal existence.
The case was submitted to the judges dur
ing the afternoon and Immediately there
after they retired and commenced the work
of dlgesting the proof adduced. This occu-
pied their time until O'Clock last night,
when they announced that they had reached
a conclusion and would hand down and hie
written opinion upon the convenng OF court
this morning. The three judges refused to
discuss their opinion, saying that 1t would
be bad taste to discuss the decision until 1t
had been prepared, signed and presented in
open court The work OF preparing the opn-
ion was left to Judge Baker, who last even
ing called in his stenographer and to him
dictated the decision, which will be signed
this morning.
BEES BOOKS OFFERED.
On the converting of court yesterday morn
ing Attorney Simeral presented the circula-
tioa books OF The Bee calling attention to the
method employed In keeping a record OF the
pagers delivered to the carriers, who in turn
1n1l, al tha ,hcpri h~N
showed that The Evening Bee has more
bona hde subscribers in Douglas county than
all editions of the World-H Herald, together
with the street and counter sales. This was
the same book that was presented to the Fire
and Police commission 1t was shown that
the Fire and Police commission had erred by
not requiring the World-Herald to bring in
dts subscription books in proof of its circula-
tion. This had been demanded by the pro-
testamt, but the commission ruled that 1t was
not necessary. holding that the oral testi-
mony of Circulator Harmon upon the circu-
lation was sufficient uDon this point.
In opening for the Kitchen Brothers Hotel
company, Gilbert NJ. Hitchcock and the
World-Herald, Attorney McCulloch laid great
stress upon the questoa OF the circulation of
the paper in which the Kitchen Brothers
Hotel company he'd advertised The World
Herald has the largest circulation in Omaha,
Douglas county and the state Of Nebraska
und everybody knows this, he urged. No evil
ueHCe, however, Was introduced 10 support
his contention. He also urged with show OF
considerable feeling that the Morning World
Herald, the Evening orldHerald and all
other editions of the paper make up and con-
stitute the Daily World-Herald. 1T makes
no difference what the public thinks it is a
fact" declared Attorney McCuloch, that
there is but oae Daily World-Herad, and
that PAGER is the one made up Of morning
evening and extra editions. Different head
ings and names do not count-it is all one
paper"
Going through the testimony of the wit
ncsses before the Fire and Police commits
sion, Attorney McCuloch trpped himself
up, for he found that the readings of the
papers were different, that the news matter
was different and that in many instances
the advertisements were different. Seeing
that he was on the wrong track, the attorney
jumped to another line of testimony, and
read from the evidence of Mr. Hitchcock,
who swore that, according to his way of
thinking, all of his publications made up
the Daily World-Herald. Having clinched
this point to his own satisfaction, the at
torney continued to read from the evidence
OF Mr.. Hitchcock, who said that in entering
his paper at the postoflces he classed all Of
the editions as one paper, and that as the
Daily World-Herad.
HARMON'S TESTIMONY.
Attorney McCulloch admitted that in CIV
Ing his testimony Circulator Harmon had not
blNtH tNIuGiCc lTUiH tUS s cir
culation books, but from slips of paper, to
which Attorney Simeral had objected, de-
manding that the books of the Office be pro-
duced.
Having dropped the question of circulation,
Attorney McCuloch went into the problem
OF good faith. Reading the testimony it
was proven that the members of the Kitchen
Brothers Hotel company knew that the news
stand In their hotel sold two Bees to one
World-Herald, and notwiths tanding this fact,
they placed their advertisement In the last
named paper. The attorney argued that If
the applicant acted In good faith, the relative
circulation of the two papers cannot be in
quired into.
beginning his closing argument at II 80
O'Clock, Attorney Simeral argued that the
World-Herald was seeking to take advantage
of two wrongs. The board had unlawfully
declared the World-Herald the legal paper,
and, presumlng that he knew the law, Mr..
Kitchen had placed his advertisement In this
paper that had been illegally declared the
official organ OF the board. Attorney Sim
eral, In an exhaustive manner, showed
that 1t was impossible to construe the
various editions of the World-Herald as one
paper, constituting the Daily World-Herald.
Reviewing the testimony OF Mr.. Hitchcock,
Attorney Simeral showed that 1t required
the publication OF the news of two days to
complete the publication of one paper. Mr..
Hitchcock had testified that to complete the
publication OF the news, matter first went
into the morning paper, the afternoon paper
and the paper of the following afternoon.
Mr.. Hitchcock has two contracts with the
Associated Press, argued Attorney Simeral,
one providing for the publication OF news in
the morning paper and the other for the
publication Of news In the afternoon paper,
thus showing that the Associated Press re-
CARDS the different publications as distinct
papers.
At 12 o'clock recess was taken until 1
o'clock.
HITCHCOCK SEPARATES THEM.
When court convened in the afternoon At
torney Simeral began his closing argument.
Discussing the issues OF the case, he con-
tended that In publishing legal notices Mr..
Hitchcock does not take all of his several
editions into consideration. but bids at a
stipulated price for each edition and another
price for publishing the same notices in all
editions "He says" added Attorney
Simeral, 'if you publish in one edition | will
make lower rate with you than will II you