Omaha daily bee., 1905-09-29

stating that 100000 children Of both sexes
under the age of IA are obliged to work in
mines and factories.
Third Grand Chief Delos Everett during
the course of his address. spoke of the
progress made by the organization. The
total membership, December 81, 1904, he
said. was $1,000. August /, the membership
In the insurance section was ALSO repre-
senting certificates with face value of
$SS,OOO.OO0. Up to September, $1146S1, 2SS.7l
In claims had been paid on $3.50 certificates,
and in addition. 81, 100000 had been dispensed
In actual charity to the families of de-
ceased members of the brotherhood.
Eighteen Omaha delegates arrived at
noon, too late to hear the address of the
grand chief and they expressed considerable
disappointment.
Defends Medical Statute.
Today Attorney General Brown, with as
sociate counsel, filed brief in the supreme
court in which he denies the charge that
the statutes governing the practice of med
lcine In the state are invalid. The case is
that of d. G. Walker of Platte county,
whose license to practice was revoked by
the State Board Of Health last year after
complaint charging malpractice and vio-
iation OF the law. Walker continued to
practice in Platte county, ignoring the
revocation, and the county attorney insti-
tuted proceedings. The attorneys for the
defendant admitted that he was practicing,
but questioned the validity OF the revoca-
ton OF the certificate, and the court in
structed the jury to bring in verdict for
him.
The alleged unconstitutionality of the en-
tire statute is based on the fact that the
members of the Board of Secretaries re-
ceive the fees paid by applicants for IL
censes and also because of the exercise of
species of judicial power.
The attorney general. who is associated
with several Platte county attorneys in
the case, alleges that the constitutional
Inhibition against the retention of fees by
officials applies only to those mentioned in
the constitution and that the secretaries
are mere agents. whose pay the legislature
had a right to provide for. As to the al
legged exercise of judicial power in violation
of the organic law It is urged that the
revocation OF a license is incident to the
power to issue II and is an administrative
| act
The case is attracting considerable at
tention from the fact that the defendant
is seeking to invalidate the entire law gov
erning the practice of medicine, which
| would leave IL open TO all Corners The
state defends the regulation as a valid ex-
! ercise of the police power and insists that
the invalidation of the provision with re-
gard to the payment OF the secretaries
could not AFFECT the principal purpose OF
| the fact that It was not the inducement
1t is argued that the main purpose was to
provide regulation and that the secretaries
could have served without pay. Another
branch of the litigation is pending in the
/ ~
! from the order of revocation against him
Munk and Walker were Joined in the orig
inal complaint before the board
Bank Reports All In.
The reports OF the state banks are all
the secretary Of the Banking board is
looked for about the first of the week.
To Hold ItInerant Court.
! Next week Secretary Dobson Of the, State
Board OF Irrigation will go to Cheyenne
county as an itinerant court Of Justice
TO pass On an application TO change the
records of certain irrigation filing. so
as to include several acres OF land which
had been omitted by mistake. Dobson
makes the trip TO save expense for the
applicant who would otherwise be Obliged
to bring his witnesses to Lincoln.
New Corporation.
The Nebraska Hardware company OF
Lincoln, with an authorized capital stock
Of $4,000, has hled articles Of ineorpora-
| tion in the once OF the secretary of state.
The incorporators are w. Z. Jakway. Allen
Crosby. John Forrest ana w. Patterson.
Governor wn Judge.
Governor Mickey said today that he had
accepted an invitation of Gurdon w. Wat
ties to act as one Of the judges OF the day
parade of the Ak-Sar-Ben at Omaha octo-
Der l.
Davis 90 Provide Badges.
Chief Clerk John Davis OF the State
Board Of Charities is planning to provide
the delegates TO the National Prison asso-
citation with ornate badges bearing fun
length pictures OF Abraham Lincoln He
proposes TO advertise Lincoln through the
medium OF these badges. He Is In daily
receipt az Information from dslekatss uhs