Omaha daily bee., 1902-09-16
DECIDES AGAINST SNYTH
Referees File FihdingI in Penalty Suit
Against the Ulisn Pacific.
GOVERNOR SAVAGE LOSES A DIAMOND
Starts Ont with n Lantern and Finds
he sparkIer I'm the Gutter
Where He Changed
Street Cars.
Trom a SIAN corre.pendentl

Constantine J. smyth during his tenure as
attorney general against the railroads OF
Nebraska is about to be expunged from the
records Of the supreme court Of the state.
Early In 1890 the fusion attorney general
began several cases, taking in practically
every railroad doing business in the state.
and asking that the court assess penalties
sggregating $4,000 900 for alleged violations
OF the maximum freight laws. One by one
the suits have been abandoned and dis
missed until the only one remaining was
that against the Union Pacific, the amount
which Mr.. smyth asked the road to con-
tribute TO the state exceeding S. 600. 900.
The Union Pacific case, after running the
gamut Of the courts delays for over two
years. was referred some time ago to ref
erees to take testimony and report to the
court, with findings thereon. z. r. Duff
fe and Ed p. Smith of Omaha were named
by the court as referees. Their report was
hled with the court today. The document
asserts that exhaustive inquiry into the tes-
timony and the law leads to the conclusion
that the penalties cannot be legally exasted
from the railroad company. They recon-
mend that the statute be declared "uncon-
btitutional, imperative and void, and that
the action be- dismissed"
The court Is expected to approve the
recommendation at its September sitting,
beginning tomorrow. The finding OF the
United States supreme court In the Ne
braska maximum rate cases, 1t lie under
stood, was the determining factor with the
referees in disappearing the suits.
Savage Receivers His Diamond.
Governor Ezra P. Savage turned Do
genes last night and, armed with a Ian
tern, stalked the streets of Lincoln. The
executive was searching for a diamond. a
large four or Ave carat sparklei, which he
had lost from his shirt front. Governor
and Mrs Savage visited friends in the
suburbs in the evening, returning home
late. Then It was that the stone was dis
covered to be missing. Mrs. Savage was
certain II was in its accustomed place as
they were about to return home. Procur-
ing a lantern. the governor walked from the
executive mansion to a street corner In
the business center, where he had pre-
viously changed street cars. The search
was rewarded after a half an hour. by
the governor seeing the gem shining from
a crevioe in the pavement. Governor Saw
age would not estimate the value Of the
stone, which is a large one, and was given
TO him by friends in South Omaha on his
recession to the executive chair.
Contention Over Water of Platte.
The contention over the right to take
the lower waters OF the Platte river for
power purposes assumed a new phase to-
day. Andrew Rosewater of Omaha pre-
sented to Secretary Dobson OF the State
Board OF Irrigation an amended applica-
tion for right to take The water. His
previous application had been protested
by J. e, Riley. promoter Of the Platts-
mouth DopuarA noprDapu and hoartr. -
this protest will occur before the irrigation
board about October 1. "a' s-"
Mr.. Rosewater's new application pro-
vides for the tapping Of the Platte river a
few miles below the town of Valley on
the north side Of the river and just above
the mouth Of the Elkhorn. He proposes
to conduct part of the water from the
Platte into the main stream OF the Elk
horn, below which a dam will be built.
and from this suficient head is to be OBJ
tanned to give a fall OF fifty feet. The
specifications provide for a developed
horse power Of $4,000. Several miles be-
low another reservoir is to be constructed
which will furnish an additional %, 900
horse power, The estimated cost Of the
undertaking is 81, 900, 900.
The Riley canal would not be harmed
by the amended Rosewater plans. proyid-
ing only the latter's upper reservoir is
constructed, the water from which would
later flow into the Riley ditch. 1t is now
suggested that a compromise has possibly
been effected by which the two canals NAV
be built without one infringing upon the
other.
Four New Banks.
Four more state banks will be added to
the roll Of Nebraska's financial institutions
providing their applications to carry on a
banking business are favorably acted upon
by the State Banking Board. Applications
were filed today with Secretary Royse of the
board by the following proposed banks:
The Bank Of Graf. located at Graf. John
son County. L. o. Graf and ]. o. Graf are
the ineorporators. the capital stock being
placed at s. 1000. This bank will succeed the
defunct Chamberlain institution, which is
now being closed out under direction Of
Secretary Royse.
The Brunswick bank. OF Brunswick, Ante
lope county. Its ofncers are Judge S. H..
Iornberger Of Wahoo. president; Walt Older.
rice president; NJ. NJ. Sornberger, cashier.
The capital stock is &c. 600 Of which So. 900
Is paid in.
The Valley State bank Of Bridgeport
Cheyenne county; capital stock, s25. 900; paid
In, $4,000, The lncorporators are most Lin
eoln men, comprising II. X. Burkett. C. A.
Morril, NJ w. Folsom. ]. J. Anderson, F. d.
Ball ana Frank Phillips. J. j. Anderson Of
Lincoln. the defeated fusicn candidate for
register OF deeds in Lancaster county in the
election Of last November, will be the cash
Ter and have charge Of the operation Of the
bank.
The First State bank OF Harrington. Cedar
county; capital stock, S10O, 900; paid in $50
900. The lnoorporators are ]. G. Beste. J. G.
Robinson. W. s Eston. George F. SeoviTe
and L. Z. Jones. jr.
supreme COurt sitting.
The supreme court Of Nebraska will con-
~ene tomorrow for it's September session.
The customary grist OF opinions will be
handed down by the court. chief among
MMStnmnch