Omaha daily bee., 1899-11-26
CHARGE CITY WITH NEGLECT
Ground on Which Lincoln Traction Company
Fight. Big Claim.
DEBT SHOULD NOT HAVE ACCUMULATED
Municipal Officers Permitted the Old
Company TO "sauander Vast sums
without Giving Security"
IL is Asserted.


without Giving Security"
IL is Asserted.
LINCOLN, Nov. Special.)-In the
brief of the Lincoln Traction company filed
in the supreme court today in the fight
OF the owners OF the street railway system
against the $4,000 claim OF the city for
paving taxes and penalties the municipal
officers are charged with neglect OF duty in
allowing such a debt to accumulate. 1t Is
asserted that the city officials permitted
the officers OF the old street railway COM
pany to squander vast sums of money and
that 1t was not required to give security
for taxes due the city.
The case is one that has been dragging
In the court for several years. judgment
for $4,000 was rendered in the district
court in favor of the city, but the case
was appealed to the supreme court. In
the meantime the council voted to accept
a proposition made by the traction com
pany to settle on compromise basis, but
an order restraining the city from accepting
an amount less than that named In the
judgment was later issued by the court on
application OF DR.. G. w. Farnam.
The attorneys for the traction company,
which Is comprised almost exclusively of
eastern capitalists assert that the city had
,no power to create lien or to levy a
special assessment. The brief says:
Brief I'm the Cnse.
80 far as the question OF good morals.
is concerned, we are content to leave the
court to choose between the people thousands
of miles away from this city who lent their
money on what they supposed to be first
liens and the city officials who neglected
their duty to get proper security before they
allowed the officials of this railway COM
pany (meaning the old one) to squander
the money OF the bondholders in building
worthless extensions. II we understand the
brief for the city on that point. it is in
agreement with our brief that there was
no statute and no ordinance purporting to
give the city any lien for the amounts
agreed to be paid for the privilege of laying
tracks in streets already paved. Unless
1t be then for the remarkable doctrine
Of compensatory equitable lien,' to which
the defendant in error devotes SO much
space. the amount Of such tax-$5, ,0Ss.35 PEN
alties, s254,33 and interest, s4.455. .03-must
be deducted from the judgment of the court
below
Presbyterian Union in Session.
The Presbyterian union Of the Nebraska
City presbytery is holding Its annual meet
ing in this city at the Second Presbyterian
church. Last evening Rev. Edwin Hart
jerks. pastor Of the First Presbyterian
church of Omaha, opened the first session
with an address on Continual Inspiration" I"
The program Of todays sessions consisted
of speaking with a devotional service this
evening. The subjects discussed this after
noon were:
History of the Presbyterian Church."
Rev. Thomas w. Leard, Nebraska City.
Doctrine of the Presbyterian Church."
Rev. Silas Cooke. Hebron.
Policy of the Presbyterian Church." Rev.
John Hood, Beatrice
Future Of the Presbyterian Church." Rev.
William Hindman, Lincoln.
How to Cultivate Loyalty to the Pres
byterian Church." Rev. Peter Birrell, Lin
coin.
Writes of Diseases of Plants.
Acting Chancellor Bessey of the State uni
versity has prepared for publication in the
thirteenth annual report Of the agricul-
tural experiment station an article on the
diseases OF plants, poisonous plants, weeds,
grasses and other forage plants and trees.
Director T. l.. Lyon of the experiment sta
tion hopes to have the report ready for dis
tribution in few weeks. 1t will contain
much information that will be valuable to
all engaged in agricultural pursuits in Ne
braska. The most threatening Of the plant
diseases is that which affects the potato,
causing brown discolorations within the
tuber and eventually destroying it.. Chan
cellor Bessey has been asked to prepare a
paper on the forestry of Nebraska for use
in publication now being prepared by the
division of forestry in Washington.
The Thanksgiving recess at the State uni
versity begins Wednesday evening at 6
o'clock. Work will not be resumed again
until Monday morning.
The funeral of Miss Grace l.. Gillespie
will be held tomorrow afternoon from Trim
ity Methodist Episcopal church. Miss Gil
lespe, whose death occurred last Wednes-
day, was the youngest daughter of the late
John Gillespie, a resident of Omaha during
territorial days. Mr.. Gillespie, as state
auditor, was one Of the commissioners who
located the capitol at Lincoln.
All public Offices were closed here this
afternoon out of respect for the late Vice
President Hobart The entrance to the
state house was locked at 12 o'clock and
flags were run up at halfmast over both
legislative halls.
Girl Accuses Father of Crime.
WEST POINT. Neb.. Nov 25.-(Special)- y
Mrs Carl Andre, the wife of a we'll known
and prosperous farmer living nine miles