Omaha daily bee., 1902-04-19
ATTACK THE PURE FOOD LAW
Creamery Operator. Who Neglected to Take
Out License Makes Test Case,
INVOLVES VALIDITY OF OTHER ACTS
Supreme Court Dar Commission For
uuIntes Conditions Under which
Attorneys May he Admitted to
Practice In Nebraska.
tFrom a STAFF correspondent

LINCOLN, April 1s.-(Special.)-The Ne
braska pure food law is being vigorously
attacked in the supreme court on the
ground that It is unconstitutional. The
chief contention is that the act is in viola
tion Of that section Of the constitution
which prohibits the creation Of state offices
by the legislature.
The case Is one in which John c. Merrill
OF Sutton was convicted for operating a
creamery without having first procured a
license from the food commissioner. No
question arises as to the facts. the only
defense interposed being that the law
under which conviction was had is void.
The suit is being watched with unusual
interest by manufacturers of both pure and
imitation butter, dairy and vinegar prod
ucts. The question involved is one of far
reaching Importance, however, for II will
affect not only the dairy interests, but
those persons who come within the mean
ing OF various other laws which have
created or established new state Offices.
Among these Offices are those of the deputy
labor commissioner and deputy oil in
spector. The law adds to the governor
the duties OF oil inspector, labor commits
sioner, food commissioner and several other
officers, but authorizes him to appoint
deputies. who are required to do the work
OF their departments. Oficial papers of
these departments are signed by the gov
ernor, but all other business is transacted
or conducted by the deputies. Each ONCE
is provided for by a separate act of the
legislature, but the general plan Of opera
tion is the same in all Of them, so that
the decision of the court in the pure food
case may be held to apply to all other
ofices Of like origin.
An extensive brief on Merrill's side of
A. $50 a
1t is argued that the legislature undoubt-
eddy intended to create a new office when
IL passed the pure food law, and that
therefore the act is void and should be so
declared by the court.
The State Board of Agriculture met in
regular session tonight. allowed a few
claims and attended to matters in connec-
tion with the next state fair. Because OF
the great expense hat would attach for
lighting, the members we're inclined TO be-
lieve that the idea Of holding night enter
talnments during the fair should be aban-
doned, but no formal action, however, was
taken.
A statement was given to the public
explaining the controversy over the right
Of transportation companies to build tracks
into the grounds and giving the assurance
that the dispute would soon be sstisfac-
torily settled.
Bar Fixes Conditions.
The bar commission Of the supreme
court has issued the following bulletin Of
conditions governing the admission Of at
torneys to practice In the Nebraska courts:
Every applicant must be 81 years II age,
a resident of the state and a citizen OF the
United States.
Ali applications should be made at least
four weeks before the second Tuesdays or
June and November, at which times the
bar commission meets to examine appli-
cants and to pass upon applications.
Every applicant must make application
In his own handwriting. He must also fur
nish the certificates of his precsptor Cwho
must be a resident practitioner OF the
state), that he has for at least two years
attentlvely studied law under his direction;
ing i'm the community where he resides that
he is Of good reputation and good moral
of three other persons Of Whom inquiry
respecting his standing may be made. ms
applies to all classes Of appheahts, eXcePe
University of Nebraska must furnish PROOF
of his graduation, and the licensed prse-
titloner Of another state proof by certh-
cate, in lieu of the said certificate OF a
The practicing attorneys of other states
and territories. having taken. up residence
in Nebraska and having made appncauon
according to rule may pc aomittea ppm
certificate that they are licensed practl-
TONERS of such other states or territories.
AuIh0uAlCS u Tic "a GSAAOO VI NAC ~.
versity OF Nebraska may also be admitted
without examination, upon application ana
proof according TO rule. The certificate or
diploma OF any other law school Is unaVail-
ing.
upon examination by the bar commission
appointed by the supreme court, and meet
ing as above stated, and upon application
and proof conforming to the rules.
No applicant examined and rejected may
again apply before the expiration OF one
The sum OF IS. the fee Of the clerk of the
court, should each application
sparrinE over Contract.
The preliminary legal sparring IN the
case instituted to annul the Lancaster
county bridge contract with C. G. Shelley.
was begun in the district court today.
County Attorney Caldwell has filed a cross
petition on behalf Of the county. demand
ing that the contract be either revoked or
reformed. II is commended that the commits
s%ioners, or two OF them at least, entered
into a contract with Shelley without frst
advertising for or properly considering bids.
Hearing will begin tomorrow morning.
Fritz and Herman VESSEL, brothers re-
siding near Eighteenth and X streets, be-
came engaged in a dispute with J. F. AN
sing this afternoon regarding the boun-
dairy line OF a piece Of real estate and
were arrested. During the discussion one
OF the VESSEL brothers fred a shot from a
revolver, but 1t few wild, ~injuring no one.