Omaha daily bee., 1902-02-25
HOLDS COAL NINE CLAIMS
Governor Savage Fails to Investigate Re-
ports Submitted.
Brief IN OMAHA COMMISSION CASE
Attorney General PrOut submits Ar
gument in Behalf n Executive
N~ebrasksns and Irriga
dion Congress.
From a stan Correspondent,

errors Office several months ago, but have
not yet received ofRcial consideration. One
claim was presented by farmers residing
in the vicinity of Milford and the other
came from Swedeburg, where a small
shaft is already in operation. The appli-
cations were consigned to a pigeon hole
In one Of the desks in the executive de-
partment and no steps have been taken
to investigate the discoveries reported.
Inquiry at the governors ONCE this af-
ternoon ELECTED no information regarding
the claims. Mr.. Clancy, private secretary
to the governor, said he had heard nothing
Of them.
The law on the subject reads as follows:
THAT when it shall be made apparent TO
the governor Of Nebraska by sfidsvit Of the
owner or owners thereof that a vein OF
coal not less that twenty-six inches In
depth and of suficient capacity to pay to
mine, and within paying distance from the
surface, has been discovered, it shall be the
duty of the governor to appoint a suitable
person to investigate the same, whose duty
1t shall be to report the probable extent
and capacity Of said vein or veins"
Mr.. Clancy said that so far as he knew
nobody had been appointed to investigate
the claims.
Omaha Fire and Police Commission.
An extended argument in behalf OF the
governor in the Omaha fire and police COM
mission mandamus case was filed by At
torney General Prout in the supreme court
today. In ~reciting the issues the attorney
general declares that the state constitu-
tion divides the government into three dis
tinct departments and requires each de-
partment to act exclusively within its own
sphere. II is upon this principle that the
governor will make his defense in the near-
ing before the court on March 4.
Summing up his argument Mr.. Prout
says:
In questioning the Jurisdiction OF this
honorable court to in any manner control
Is the chief executive of this state, in the
discharge of his duties as such chief eXecu-
i've, we do SO with a feeling of confidence
be. misconstrued or regarded as disrespect-
full or defiant. For this court, as the ju-
dicial branch of the government, the re-
spondent, who represents the executive
branch of that same government, has only
the most cordial feeling and the highest
respect; and. were this a matter touching
only his own personality as an individual
citizen, none would bow in humber sub
honorable court touching any line of con-
duct to be pursued. This is not a matter
personal to the respondent, but is one
which affects the entire future government
of this great commonwealth. II Is an. at
tempt on the part of the ~relator to have the
courts-the judicial branch Of the govern
m~ent-coerce the action of the executive
branch; in other words, to make one CO.
subordinate and subversive to another.
That such condition was never intended by
people Who by their votes made tSat Sdocus
ment the supreme law of the state. is made
manifest by the constitution itself, which
18th powers of the government of this
state are divided into three distinct depart
diclal, and no person, or collection OF per
sons, being one of these departments, shall
exercise any power properly %belonglng, to
either of the others, except as hereinafter
expressly DIRECTED or permitted. "-Constitu-
ton, article II.
Therefore. the respondent feels that It Is
his duty under the constitution. which he
has sworn to uphold. to point out to the
court the attempt that is being made by
of the constitution to further the personal
or political ends of certain individual citi-
argument and authorities to the court OPP
posing this most pernicious doctrine-a
to overthrow the constitution and o~ur-free
insttutionsi q purpose to ne aceomplish-
The exemption of such officers from such
coercion by the courts. Is not a mere per-
sonal privilege which, the incumbent OF the
restriction reserved for the public good
State against Dixie, 20 MINI. 1863.
| hepuDllcan Primaries.
Republican primaries for the nomination
Of candidates for city and school district
Offices will be held tomorrow afternoon.
ofhcers to be elected at the forthcoming
election are: Police Judge, water commits
sioner. city attorney, one councilman from
each ward and three members Of the school
board. For water commissioner there are
two candidates, A. Haydn Meyer and James
NIL II ~ Ck-,l1 -.-1-
will have no opposition for the nomina-
ton. The candidates for police Judge are
Walter L. Anderson and p. James Cos
grave. There are contests in FIVE OF the
seven wards.
The nominations will be made under the
Lincoln system. Polling places will be oper
from ~ m to Z p. m.
Nebraskans and Irrigation.
A delegation of Nebraskans will start to,
morrow for Sterling. Colo. to attend tn,
Interstate Irrigation congress. which will
convene Wednesday morning for a two days
session. Among the men Of this state witt
are named on the program for speeches
are Governor Savage, Chancellor Andrews
Francis G.. Hamer of Kearney. Judge c. e
, Stubs, Deputy Attorney General Norri
Brown and Secretary Adna Dobson OF tn,
Board Of Irrigation. Nearly all of thes,
have written that they will be unable Il
, accompany the delegation.
, Chase-HarwOOd wedding.
Miss Helen Cook Harwood of this cit,
! and Clarence Melville Chase OF Boston viii
be married tomorrow afternoon at III,
. home Of the bride, 1918 L street. Only rela
tives and close friends Of the contractin
, young people will be present. The brid
is the daughter OF the late Nathan s. Har
: wood, who was president Of the First Ma
tionaI bank during the last few years c
his life.
Digestive Juice Company.
Articles Of incorporation of the Canno
Digestive Jaice company of Omaha wer
!