Omaha daily bee., 1902-09-29
ARMY POST IS NOW CERTAIN
Discovery Of Water Contract PlsaIss the
People of Dss NsiHsI.
NOMINATION PAPERS ARE DEFECTIVE
Error In Filing Papers for Hen
derson's Successor-PecuIiar Law
suit for Mileage and
Fees.
(From n staff Correspondent

states government secured from the DeS
Moines Water company a definite contract
for furnishing water to the proposed army
pest. The fact has been kept secret by
the government and the water company
pending efforts on the part Of the water
company to secure the loan OF $50, 900 from
the city. The company and those who have
been urging the loan have insisted all along
that unless the city gives the company the
money the water mains would not be built
and the government would not complete
the army post. On this theory a great deal
OF sentiment was worked UP in favor Of the
loan, although II was known that the water
company can get all the money needed, and
the general superstition was that the scheme
was more to get rid of the fund than other
wise. The city auditor and treasurer re-
fused to Issue the warrants or pay over the
money, Notwithstanding that the legislature
had legalized 1t in advance and the council
had ordered 1t done a number OF times.
Now 1t is known that the water company
long ago entered into contract to build tho
water mains and furnish water to the post
regardless Of whether the municipal own
ershlp fund in the city treasury is dissi-
pated. Work has actually been commenced
on the army post buildings, and a large
number are under contract. The contract
is regarded as removing the last obstacle
to the building Of the army post.
BirdsaII Papers Defective.
The nomination papers for Judge p. p
Birdsall Of Wright county, as republican
candidate for congress in the Third district.
were filed as original nomination papers
from a convention having authority, and not
as a nomination to fill a vacancy by the
committee, but inasmuch as the papers of
Speaker Henderson had been filed and with
drawn the State Election board decided
that the Birdsall papers ought to state that
the nomination is made to fill a vacancy.
The papers did not so state and have been
returned. Quite 2 number Of new cues
ttons have arisen this year as to nomina-
ton papers and the election board is pro-
ceeding cautiously that precedents may be
set In such cases. Judge Birdsall's papers
will be corrected and returned in a day or
two and this completes the republican con-
gressional ticket. The Judge is expected in
the city tomorrow for a conference with the
state committee.
Candidate for Head Physician.
The district convention of the Modern
brotherhood of America, comprising dele
gates from the lodges in the Seventh and
Eighth congressional districts OF Iowa, in
session in Indianola, unanimously recon-
mended for reelection as head physician
OF the order DR.. e. L. Baker OF Indianola,
who was elected last year at Kansas City
at the time OF the partial reorganization
or the order. DR.. Baker was allowed TO
select his own delegates tot the annual
convention at Sioux Falls, October 8, and
named Fred Knell. Perry; e. Porterheld,
lndianola; w. H. Funk, Lacona, and T.. j..
Newberry. Des Moines.
The grand lodge OF Iowa Knights Of
Pythias meets here October Z and a large
attendance is expected. The leading can
didates for grand chancellor are: e. NJ.
Hemingway, Columbus Junction; e. s. Hop
kins, Cedar Rapids; o. NJ. Gillett, indie
pendence; John Springer, Iowa City, and
F. S. Thompson, Knoxville.
Suit Against AppRnOose County.
A peculiar suit is being tried before
Judge Roberts in Appanoose county, in
volving fees and mileage OF a witness. II
grew out of the Clinic cases, in which
the sheriff was removed from office and
indicted because of alleged conspiracy to
get more fees than lawful, and vas &C
quilted later. The cases created a series
OF sensations in Appanoose county all last
year. In the case against Sheriff Clinic
a witness, A. R. Smith, was brought from
California to testify for the defendant.
He afterward put in a bill for 1927 for
mileage and fees as a witness for Clinic,
and on the refusal OF the county to pay
he assigned the claim to Clinic. The
county claims 1t is not responsible for the
fee and the matter will be taken to the
supreme court.
Governor in the PulpI
Governor Cummins appeared in the pulpit
Of the Central Christian church this even
ing and delivered a short address. Samuel
Strauss also appeared and delivered an
address. The meeting was an innovation
for the church, and with a view to popu-
larizing the meetings.
The United Brethren conference for Iowa
closed here this evening after a successful
week. About 100 ministers from various
parts OF the state were present.
The silver anniversary OF the organiza-
tion Of the Unitarian churches Of Iowa
will be celebrated in a state meeting here,
beginning October II. A number OF Uni
t~arians from outside the state are to be
present and speak.
One Law Knocked Ont.
Judge Mcvey In the district court here
yesterday declared unconstitutionsl chap
ter lx OF the acts of the Twenty eighth
general assembly, which went into effect
two years ago, relating to building and
loan associations This act provided a
certain method OF winding up the affairs
OF these companies when the stockholders
desired to do so. The Home Savings and
Trust company OF this city. at the head
Of which was DR.. z. c. s~pinney, had be-
come insolvent and 1t was desired that II
should go out OF business as a building
and loan concern that the company might
/, continue in some other form. A trustee
was appointed as provided in the new law.
Some OF the stockholders attacked thia
Z proceeding and today Judge McVey re-
moved the trustee and will appoint a re-
/ ceiver under the general laws. The trustee
was appointed by the state auditor. The
court held that the law is ~unconstitu-
tional, in that It provided a different man
/ ner OF distributing the funds than that
provided in the company bylaws. and wa'
!, therefore a law changing contracts without
the consent OF the parties to the contracts
Various charges OF fraud and incompe'
r tency had been made In the case, but
= these were not passed on.
DipsOmRnia Law Upheld.
; An attack was made on the new law pro.
viding for sending inebriates and NOR
phine victims 20 the State Hospital for thu
I Insane. and In the district court at Center