Omaha daily bee., 1902-12-12
EVADES CIRCULATION FACTS
Police Beard Fails to Deny Evening Bee
Figures in Court.
DECLINES TO MEET THE REAL ISSUE
Members win Case on Their AM
davits Declaring that They In
tend TO DO Nothing Prejudi-
cinl to Any Paper.

The a~lacrity. the dexterity and the per-
severence with which the attorneys for the
defendants and for the rival dailies side
stepped and lodged the matter Of relative
circulation was the principal and an al
most ~laughable feature Of yesterdays
proceedings before Judge Read in the suit
brought by The Bee Publishing company
TO enjoin Members Broatch. Wright, Sprat-
len and Thomas Of the fire and police board
from further prejudicial action in the
matter Of liquor licenses and the publica-
tion OF notices Of applications for them.
The Injunction was denied and the re-
strainlng order issued a month ago was
dissolved.
Attorney Gurley for the defendants lodged
Il in the answer and lodged II in his argu-
ment, averring that it had really nothing
to do with the case. In the answer which
he filed to the plaintiffs petition he in
corporated the statement that they, the
defendants, really don't know enough about
the circulation Of any OF the papers to
form an opinion, and therefore had not and
would not recommend any particular one.
In law such failure to deny is considered
for the purpose Of the case admission of
the truth, so that 1t goes onto the court
records as the tacit admission of the de-
PENDANTS in this suit that the petitioners
claim Of having for The Evening Bee the
greatest circulation Of any Of the Douglas
county dailies is the faCt.
Attorney McCulloch, who sat at one side
Of the room with his client, G. M. Hitch
cock Of the World Publishing company,
hoped into the proceedings at one point and
then hoped out again before anybody had
opportunity to find out what he wished, why
he had spoken or what he had said.
Van Dusen Breaks In.
Mater Attorney Van Dusen, for the
News. arose with great modesty and some
trepidation to invite the court not to do
anything rash until it heard from him.
His honor signi6ed a desire to know II Mr..
Van Dusen or the News held any cards in
the game then in progress and Mr.. Van
Dusen admitted that he didn't, but said
that some time he might want to and
meanwhile hoped the court wouldn't preju-
dice the public against his f~ledgling by
granting the injunction sought.
On the whole, 1t was rather a dull pro-
ceeding because Attorney Simeral, for The
Bee, had the whole floor, the attorney for
the defendants clinging TO their subter-
fuge Of falling to deny the allegation Of
greater circulation, and so forcing the Judge
to take the stand that under the pleadings
that question did not form a part Of the
controversy. Plaintiffs attorney read the
petition and many afidavits showing the
result of the canvass that had proved the
plaintiffs claims. He also read the rulings
in cases Of similar nature. Defendants
attorney read nothing, but the afidavits
Of general denial by the members of the
board. and only pleaded with the court not
to grant the injunction asked because the
member aforesaid are all goodly men of
untarnished fame who would suffer severely
by reason OF the reflection cast upon their
honor. e.
In making his ruling yesterday afternoon
at $3.50 Judge Read considered that the doc
tored answer left only the question Of
whether the defendants were in certain con-
spiracy to injure The Bee and as the evil
dence on that point was not as specific and
strong as a court would require, there be-
ing no proof of any overt act, he denied the
injunction and dissolved the restraining
order.