Omaha daily bee., 1902-10-29
FOR WATER RIGHT
Three Companies Ask Privilege Of Using
the Same Source Of Supply.
STUDENTS SELECTING An ORATOR
Court Refuses TO order Secretary of
state to Place the Baird Socialist
Ticket on the OmciaI
Ballot.
From a stan Correspondent

State Board Of Irrigation the SCOTS Bluffs
county irrigation case Was heard at con-
siderable length. This is a case involv-
ing the right to construct and maintain
extensive irrigation works for the water
ing Of something like $4,000 acres of land.
Last April william Frank. who is jointly
interested with Haywood @. Leavftt OF beet
sugar fame, applied for permission to tap
the North Platte river for 1,142 cubic feet
Of water. his application stating that It
contemplated $50 miles of bitches and a
total expenditure OF $3.50. 900.
About a month later the Farmers Irri-
cation district also applied for a right, at
the same time protesting against the grant
ing OF the application Of william Frank. II
was upon this protest that the hearing
was had today before the State Board Of
Irrigation. Messrs. henderson and Dill
worth OF Omaha appeared In behalf Of Mr..
Frank, J. J. Halligan Of North Platte for
the Farmers Irrigation district and Carl
G. Wright OF Omaha for the Farmers
Canal company, all claiming to be parties
in interest. Among the witnesses intro
duced was Sam D.. Cox, an o1dtime Lin
coin newspaper man, who is a home
steader on the tract which II is proposed
TO ~irrigate. Some testimony was heard
bearing on the conflict OF rights between
the three parties and counsel was given
until November Is to prepare printed ar
guments.
First Applicant.
Much of the testimony was stipulated.
and 1t was shown that away back In 1887
the right now sought was granted to the
Farmers Canal company. which constructed
twenty-o-e miles OF ditch and failed to
continue the work. Nothing farther was
done until after the enactment Of the law
authorizing the organization Of irrigation
districts and voting of bonds for the pro-
motion of the irrigation. Then the Farm
ers' Irrigation district was formed and
$500, 900 bonds were voted to continue the
works. This did not lead to active opera
lions for the reason that the bonds have
never been sold. BY means Of a suit that
has been carried through the supreme
court, they were declared valid. but since
then their issue has been tied up by In
junction on the application of the Lincoln
Land company, which is a Burlington rail-
way contingent. 1t was based upon the al
legged fear that the district was about to
dispose of some OF the bonds in a manner
that might not bring the ditch. 1t is stated
that arrangements had been made by the
district for the construction of the ditch
by parties who were to receive the bonds.
Under the plan proposed a large amount
OF the bends was to be turned over to
these parties before any work was begun,
presumably to allow them to realize upon
the securities money with which to do the
work.
Bonds Never Signed.
II also appeared that at some stage OF
the proceedings the Farmers Canal com
pany. which obtained the original right,
had disposed Of is interests to Robert
Walker. from whom they were purchased
by William Frank. H. @. Leavitt and pos
sibly others. It appeared also that Frank
was for a long time connected with the
Farmers Irrigation district and endeavored
in vain to float it's bonds. 1t was shown
that these bonds have never been signed.
but that the district board has been in
existence ever since organization and has
been accustomed to meet now and then
and draw the per diem OF its members.
The application of the m Irriga-
ton district oontemplates a ditch eighty
miles long, and the cost OF the works was
expected to absorb the entire issue OF S400,-
900 bonds. The contention in behalf Of the
district project is that 1t would be better
for the settlers and property owners to
have the project carried out as a public
undertaking. From the fact that Messrs.
Henderson and Dilworth appeared for
Frank 1t is suggested that the Lincoln
Land company is behind the Frank project.
schuI is Discharged.
Henry L. Schulz. the scribner young man.
arrested yesterday on the charge of en-
bezzling S12s.20 from his employer, James
NJ. Garrett, a BARRIERS supply dealer. was
discharged today by the examining maEis-
trate after a hearing. 1t appeared from the
testimony that the amount due from Schulz
was in dispute and that he had at all times
stood ready to make good whatever was
agreed upon as due. Furthermore. he
claimed to have the right to pay his ex-
pense money out OF collections and that
every cent he was alleged to be short could
be accounted for in this way.
submit List of Orators.
The senior class OF the State university
has received a report from the committee
to select a list from which the class orator
shall be picked. The names submitted en-
brace. Henry Watterson, Senator Beveridge
OF Indiana. Mark Twain, Thomas B. Reed
and Hamilton Mabie. editor of Outlook. The
list was presented to Chancellor Andrews
today, and to morrow the class will vote
upon its choice. the one receiving the high
est vote TO be FIRST invited. II his services
cannot be secured. then the next man avail
able.
Baird Faction Again Beaten.
Judge Frost today refused the application
OF George z. Baird Of Omaha for a manda-
mus to compel Secretary Of State Marsh
to place his socialist ticket on the ofhcial
ballot. Baird and one Franklin. purporting
to be a committee authorized at a mass
convention of socialists In Omaha to select
a ticket, were ruled on the ballot on the
ground that there was no certificate from
the officers Of the convention authorizing
the committee to do that Job. Aside from
this fact almost all OF Baird's nominees had
notified the secretary OF state that they did
not wish their name put upon the ballot
as socialist candidates. Leonard Devore,
named for land commissioner. solemnly pro-
tested on the ground that he was a s~oeialis,
and did not believe in fraud Of any kind
Secretary Of State Marsh, in his answer,
stamped the ticket as bogus, and go did the
other faction Of socialists who interviewed
For n Rival System.