Omaha daily bee., 1899-10-18
MUST WAIT FOR MANDATE
State Board Of Transportation Given Orders
in the Yeiser Telephone Case,
RESTRAINED FROM HEARING ARGUMENTS
Order Is Issued on the Application
of W. W. Morsman, Attorney for
the Company-Ncws of the
state Capital.

LINCOLN, Oct. 17.-(special)-The su.
preme court this afternoon issued order
restraining the secretaries Of The State Board
OF Transportation from hearing arguments or
testimony on the complaint OF John o. Yeiser
of Omaha against the Nebraska Telephone
company until after mandate is Issued. w.
w. Morsman, attorney for the Nebraska
Telephone company and other corporations
interested in the complaint Of Mr.. Heiser,
filed the application for the restraining or
der this afternoon and 1t was at once granted
by the court, the three judges agreeing that
no action should be taken by the secretaries
of the Board OF Transportation until after
the time allowed for the filing Of motion
of a rehearing Of the case in the supreme
court has expired.
The application of w. w. Mcrsman re-
cited the history Of the case Of the Nebraska
Telephone company against the state and
how It originated from the complaint OF
John o. Yeser, who sought TO have the
Board OF Transportation reduce telephone
rates The fact that the company is allowed
forty days to file motion for a rehearing
was also brought to the attention OF the
court, with the assertion that such motion
would be filed before the expiration OF the
allotted time This case was decided by the
supreme court September 2l. The consu-
tutionality OF the Board OF Transportation
was denied by the telephone company, but
this point was evaded by the court in Its de-
cision. 1t was contended that the creation
OF the Board of Transportation was an ex-
tension of power beyond the constitutional
limit.
few davs after the decisi-n of the case
was handed down by the suprme court the
state officials comprising the Board Of Trans
portation met and directed the secretaries to
go ahead with the hearing on Yeiser's COM
plaint The right of either the secretaries
or the beard to consider the case until after
the usual forty days allowed for filing mo-
ton for rehearing had expired was discussed
but it was finally agreed to go ahead with
the hearing regardless of whether the tele-
phone company intended to ask for rehear-
ing or not.
After tire restraining order was granted
this afternoon. Attorney Morseman SAID ne
would file his motion with the clerk OF the
court within a few days The hearing on
yeiser's complaint was set for Thursday
afternoon.
Dcfunct savings Bank.
The supreme court this afternoon granted
Charles L. Bugbee OF this city permission
to file an application for writ OF mandamrs
recurring Judge Holmes of the district court,
bond in a case involving the sale of the
assets OF the defunct Lincoln National bank.
II Is claimed by the receiver of the bank
that Bugbee is simply trying to defeat the
confirmation of the sale.
ARRANGEMENTS have been completed by
D e. Thompson for the. construction OF a
railroad In Mexico to connect his coffee
plantation with another railroad MT.
Thompson and William Lawlor, the latter
trpr an
left for the south today to begin work on
the new road at once 1t will be 125 miles
in length and will connect his plantation
and numerous small villages with through
line to the Mexican capital
The announcement that Mr.. Thompson was
to go to Mexico today to oversee the con-
strIction of the railroad has given rise to
runners that he is contemplating making his
future residence in the south. These are
of course, denied by Mr.. Thompson's friends
v0o say that he had no idea Of moving
away from Nebraska. Mr.. and Mrs. Thomp-
son are still sharing the home of Mr.. and
Mrs. VIII Leonard on c street. and ever
II they are to remain permanently in the
capital city it is not probable that Mr.
Thompson will rebuild, at least for some
lime. Mr. Thompson's interests in the soutf
are quite extensive. and during the past foul
years he has devoted good deal of tim,
to his coffee plantation. The railroad vii
be owned and operated by Mr., Thompson, al
though possibly under the name of stool
company.
Warden Hopkins has awarded contracts
which give employment to 40 convicts a
the state pententiary. The Lee Broom 4
Dtster company has contracted to TAX
eighty men for two years. Tho Western
Button company will utilize the services
OF sixty men for two years at So cents
day. There are over 200 prisoners in tn
penitentlary, but 1t is undecided what dis
position will be made of the services o
the remainder.