Omaha daily bee., 1903-02-21
CULVER IS NOW IN CHARGE
General Colby Formally Turns Over Con-
miDd Of EatiJnal Grari
REGISTRAR OF UNIVERSITY IS DEAD
Two Important Cases In the supreme
Court I'm which Railroads seek
90 Evade thc Payment
Of Taxes.

LINCOLN. Feb. 20.-tSpeciaL) L)-Colonel
J. II. Culver. recently appointed adjutant
general. took charge Of the Office at noon
today. Adjutant General Colby retiring
General Colby and his chief clerk Miss
Marie Martinez. will remain with General
Culver until he gets familiar with the
details Of the once. Miss Mary Greer Of
Tecumseh has been selected az stenographer
for the new adjutsnt, but the chief clerk
has not yet been selected.
Both the incoming and the outgoing ad-
jutant general threw many bouquets upon
the occasion Of the change in the once
one at the other. Both were soldiers to-
Fether in the civil war. were together at
the University of Wisconsin and we're
together with the National Guard in the
Spanish war Each has the highest opinion
OF the other. General Culver stated that
the accumulated work in the once. owing
TO the changes in the regulations. was we'll
in hand and he congratulated General Colby
on this.
After the oath Of ONCE had been ad-
ministered by Secretary OF State Marsh.
General Colby presented General Culver
with a handsome chapeau. belt. brigadier
generals sash and epsulets. The articles
we're Of the finest make and quality and
are highly priced by General Culver.
The once, under the new regulations.
places considerable more work and re-
sponsibility on the sdjutant general. He
is compelled TO give a .OCO bond to the
United States government. and his prop
erty responsibility is largely increased
Death of Miss Ellen smith.
Miss Ellen Smith for many years con-
nected with the University Of Nebraska as
registrar. died last night Miss Smith was
an Ohioan and was 65 years Of age. She
had been III for almost a year and owing
TO her age. her death, while a shock to the
community. was not wholly unexpected.
She came to the University Of Nebraska in
1877 as teacher Of Latin and mathematics
She was later made librarian and the duties
OF registrar were later added. In 1882 she
resigned as librarian and devoted all her
time to the office Of registrar.
The remains will be taken TO the old
home Of the deceased. orrville. o.. for in
terment.
Omaha Man Has Smallpox.
S. H. Hardwick, Who said he was a
travelling man from Omaha. is a smallpox
patient at the emergency hospital Hard
wick had been III several days in a down
town rooming house. This morning a ply
sician was called and pronounced the dis
smallpox discovered in Linc5ln since last
May.
Application for Water Right.
C. C. Wright of Omaha, as trustee for the
Plattsmouth Power Canal company, has
filed an application with the State Board
CT Irrigation fer the right to use the
waters Of the Elkhorn and Platte rivers
The application proposes to erect a plant
to cost s1.5OO.OOO. Mr.. Wright asks fol
$500 cubic feet. This application con.
fiicts with the rights granted Andrew Rose
water. city engineer OF Omaha.
Attacks school Levy.
In another case filed today the Unior
Pacific Railroad company attacks tn
validity OF the law relating to levy fo
school purposes. The company prays tn
supreme court to grant II an in;unc iol
against the treasurer of Merrick county Il
prevent him from collecting from the com
pany school taxes to the amount OF $3ss.Oa
which the company alleges was levied un
der a section OF the statutes which Is null
and void.
Central City school district No. 4 4
pay interest on school bonds and to pro
vide for sinking fund to pay of the bonds
levied a tax aggregating S5 mills-25 mill
for general school purposes and 10 mill
TO pay bonds. The railroad company claim
that the board was without authority I
levy the tax because the amendment t
section 1922 OF the statutes of 1895 Wa
illegal and did not pass the legislature &C
eording to the constitution. II claim
that the law OF 1895, providing that the ia
levy for general school purposes shall nc
be over 20 mills, is still In force and ths
the present amendment is null and void.
In the brief filed today by John \
Baldwin and Edison Rich for the railroa
company 1t is stated that the railrca
company is assessed at a certain valus
tion per mile and that II Il paid the toti
amount asked for by the city II would hav
20 pay Ss54.O7 which Is S36s.OS more ths
II should pay. II takes an appeal from II
district court OF Merrick county.
Fight on Bridge Tax.
The decision. when It is handed dow
in case filed in the supreme court tn
morning. will be OF much interest to Il
people OF Omaha as well as to n
people OF Rulo. Richardson county, upS
whose petition the case is filed.
At Rulo school district No. 50. the loc
assessor assessed the ives. half OF Il
bridge across the Missouri river for Il
purpose Of state, county. village and seho