Omaha daily bee., 1902-08-02
ANSWERS FOR HONE COMPANY
Attorney Asserts Business is offs Perfectly
Legitimate Character.
sUDBosoUeH CASE IN SUPREME COURT
state Board Again PostpOnes OPENING
Bids for ConstrucsiOn work at
the Penttentiary-New
Corporation.
CFrom a star cOrre.psndent.)

LINCOLN, Aug. 1.-(speciaL)-A. G.
Woifenbarger OF this city, coming In the
capacity Of a friendly attorney, has filed
in the supreme court an elaborate brief
defending the Nebraska Home company
against the prosecution Instituted by the
attorney general to prevent It from doing
business in this state. The contention OF
the attorney general is that the company
Is conducting a fraudulent investment
business. II was the FIRST case OF the
kind Instituted In this state.
The friendly attorney begins his brief
by referring to the attorney generals ar
gument as q procession Of dreams. He
adds: The Nebraska Home company is
only one of these corporate forms around
which cluster thousands OF earnest men
and women, Intelligent enough to know
what they are doing. knowing well the
contracts they are making. scanning the
number Of their contract before they sign
and adopt It as their own; no chance, but
choice. no fraud. but well-dehned aim;
NO robbery, but a storing up OF funds
against the day Of needi no favoritism'
but that advantage which comes alike to
ali who unite with those who work for all
and thereby profit from the common her
itage."
Bank Excerpts to Ruling.
The attorneys Tor the union StOChydIus
National bank, in a case with the Board
of Commissioners Of Thurston county, have
protested against the recent holding OF
the supreme court regarding the absolute
necessity OF having bills of exceptions
properly certified to before they can be
brought up for review. In this particular
case the court held that "a pretended
bill OF exceptions containing the evidence
before the Board OF County Commissioners
at the hearing was filed with the petition
In error. but this bill Of exceptions does
not purport TO contain all the evidence
offered or given at the hearing of such
proceeding nor does 1t appear TO De
signed. settled and allowed by the pre-
siding ofhcer Of the Board Of County Com
nissioners. The bill could not and should
not have been considered by the learned
trial Judge in determining whether or not
the evidence introduced at the hearing
was wnicient to support It's findings
The failure Of the person drawing up
the record to have 1t properly certined
was the basis OF the decision, and now
the attorneys for the bank seek a re-
consideration. They contend the omission
was not suggested by any authorized at
tornev in the case and therefore should
not have been passed upon by the court
The Pacific Express company, through
its attorney, makes a vigorous reply~Io
the argument and petition OF Thomas N.
scarborough. VINO is suing fof damages 'Ss
false ,mprisonment. This case arose from
the arrest Of sudborough on the charge
OF embezzlement Of the company's FUNDS.
He was acquitted and soon afterward
began the suit for damages. In the lower
court a Judgment was given for the de-
PENDANT company. 1t is contended tnat
the findings and Judgment OF the lower
county court were conclusive evidence Oh
probable cause and that for this reason
a. well as for others presented, the judy
ment Of. the trial court should be affirmed.
Adioarn 90 Take I'm show.
The state Board Of Public Lands and
np1dinrs today postponed the opening OF
h,ds for additional construction work at
the nenitentiary until next Tuesday morn
,rg AZ the invitation of Buffalo Bill. who
was the governors guest at dinner tonight
ali state ~ofhciais suspended their duties
ana went 10 the Wild West performance
this Afternoon. This necessitated the ad-
journment OF the board.
Articles of incorporation Of these inst-
buttons have been recorded in the secre-
tary Of states once;
TIL Crosby Kopietz-Casey company
South Omaha; capital stock. $4,000; IN
cOrpOratorS, w. n NTOopg'
p 8. Casey and II. Horacek, to deal In
building material.
The Union Dental college, Omaha; cap
itai stock, $4,000; incorporators. selim W
Worster. J. Worster. Don Julian Gongaloes
G.. C.. Gonzaloea and e. b. Pearsons.
The front wall Of the Winger building al
1909 o street crashed to the Sidewalk late
Yesterday afternoon, but nobody was hurt
Captain John westover Of the University
foot ball team. who was employed In th'
work Of reconstruction. had a marrow
escape from being buried beneath th'
bricks and timbers. The block was heinl
rebuilt. The damage Is estimated at $1,000
mig Crowds at show.
The railroads handled an Immense mum
her of passengers from various points
along their lines to the Buffalo Bill show
IN Lincoln today. Nine hundred came II
over the Burlington. Big delegations from
Seward, Columbus and towns along tn
main line are here. The Missouri Pacin'
brought in over 200. the Elkhorn something
like $50 and THE Uni0n Pacific and Rocl
Island 400 more.
Mayor winnett may issue an anti-wee'
proclamation in the near future. Weed
in various parts OF the city are becoming
obnoxious and he thinks a general weed
cutting would improve the appearance o
the streets Immediately preceding the Ep
worth assembly and the state fair.
The will OF the late @. N. Lambertso
was due to be taken up for probate 1
county court this afternoon. The attor
neys gathered late and action was de
layed. Mr.. Lambertson left an estat
estimated at $4,000. which he willed I
Mra Tanharfaon