Omaha daily bee., 1899-10-11
WILL SUBMIT A TEST CASE
Constitutionality of the Pure Food Law to
60 to the Supreme Court.
BECAUSE HIBBARD WANTS HIS SALARY
Poynter Expresses His Disgust, but
submits Because He Considers
IL the best Way out of
the Dilemma.

LINCOLN Oct. 10.--CSpecial )-spurred
on by the anxiety OF Deputy Hibbard OF
the Pure Foods commission TO get MS saIaty'
q meeting OF a number OF the state othcers
was held this afternoon in the ONCE OF
Auditor Cornell. Governor Poynter treas
urer Meserve, Attorney General Smyth and
the auditor we're present. II was decided
TO submit a test case TO the supreme court
and await decision of that tribunal before
Auditor Cornell attached his signature TO
a warrant for the amount of Mr.. Hibbards
salary. A voucher for S125, the salary for
the first months service OF the deputy
commissioner, still lies in the desk of Mr..
Cornell, unapproved. When seen after the
meeting Governor Poynter said:
"Yes, We have agreed to submit test
case TO the supreme court. You may say
that ! most emphatically denounce this
questioning OF the constitutionality OF any
law by an executive officer. l think they
are exceeding the functions of their offices
when they do so. 1t should be left to those
affected by the law to question the COO
stitutionality Of the statute. The chief point
involved will be whether or not the law
under which the Pure Food commission con-
tinues to act is constitutional or not. II
It is declared unconstitutional, every board
in the state house will have to be abol-
ished. The attorney general will draw up
the case and all the creamery concerns and
other organizations in the state that may
be interested will be notified of the situation
so they may send representatives to look
after their interests II they deem 1t proper.
AS ! said before, I am not in favor OF
running to the supreme court every time II
is possible for an executive officer to call a
tN,I
course today simply because thought that
the quickest way to settle the contention.
AS the situation exists today, salaries ere
tied up and the effectiveness of the depart
ment minimized by lack OF funds to meet
current expenses.
Pythinn Grand Lodge.
The grand lodge OF the Knights OF Pythias
for this state convened in its thirty second
annual convention thte- morning. The meet
Ing was held in representative hall at the
capitol building. The forenoon session was
taken up with preliminary organization. The
committee on credentials reported and about
$50 delegates were seated AT the meeting
this afternoon all the time was devoted to
consideration of proposed amendments tc
the supreme constitution. The Rathbone
Sisters a ladies' auxiliary to the knights
OF Pythias, organized a grand temple this
afternoon With Nebraska, they are no"
represented by grand temples In eighteen
states. There is considerable rivalry be-
tween them and the Pythan Sisterhood. Il
Is thought that ultimately one organization
will absorb the other. The difference be-
tween the two is that knights may become
members of the Rathbone Sisters, but are
excluded from membership in the Pythiar
Sisterhood. The degree staff of the Ere
mont temple OF the Rathbone Sisters eXem'
plifed the work of the order to the Knight:
this evening in Knights OF Pythias hall. AL
visiting members OF the order were re-
aucsted to be present and all accepted the
invitation.
The Western Mutual Life and Accident
association of Lincoln filed articles OF in
corporation with the secretary OF state to-
day. The incorporators are Harry Porter
Wilbur f. Gray, G. w. o. Farnam, Jane:
H. Auld and Edward M. Coffin.
Certificates of nomination of Charles Z
Smith of Strausville and Albert Fitch o