Omaha daily bee., 1905-09-19
GRAIN MEN FAIL TO APPEAR
Owing to Absence Of witnesses Ne Tssti-
mony is Taken in Grain Cases
DEFENDANTS DtWUR TO The ACTION
state Omcials Not only Return Rail-
road Passes. hut Also All COur-
tesies Extended Them By
Corporations.

CFrom a Stan Correspondent
LINCOLN. Sept. 1s.--(Special NO deposi-
tions were taken today in the grain case be
cause. owing to the rains. none OF the wit
nesses reached Lincoln. Attorney General
Norris Brown. Tom worrall and Attorney
Howell and the attorneys for the grain
men were here, but could do nothing in the
matter as the witnesses were absent The
attorneys for the grain men filed in each
case a demurrer and with the exception OF
the Nye- Schneider Fowler company all were
identical This latter company claimed the
injunction was asked for under the Junkin
law and that information Of the alleged
transactions OF the grain men before that
law was enacted is not germane. In its
motion this company alleges the petition Of
the state is framed suit in equity under
the JunSn act. which took effect July l.
1906, and no other law previously enacted or
now in force will support such action in
equity. II is alleged that the Junkin act II
| Il is nSw enforced at all and applicable 20
this case, repealed by Implication all prior
statutes on this subject, hence all acts oc-
/ curing prior 10 July 1, 1905, are irnmaterial
and should not be permitted to be pleaded.
| This defendant therefore moves to strike
/ from the petition the words 'for the last
three years" and II the plaintiff desires TO
substitute any other time therefor to limit
such time to a date not prior to July l, 1905.
/ In the alternative II the foregoing be over
ruled then 20 vacate the restraining order.
The demurrer OF the other grain men al
! leEes
First-Thst the court is without turisdic-
/ tion over the subject matter.
Second-That the court is without juris-
diction over the person Of this defendant
Third-That there is a misjoinder Of
Fourth-That there is a misjoinder Of par
/ ties defendant
Fifth-And for the further reason that
said application and petition fails TO state
I facts sufficient to constitute a cause Of ac-
I tion in favor Of the state OF Nebraska and
! against this defendant.
All Courtesies Returned.
It has just come to light this morning
that when Governor Mickey, Attorney Cen
eral Norris Brown, Superintendent McBrien
and Land Commissioner Eaton returned
their passes tc the railroads, they also sent
back Pullman passes. telegraph franks and
! express franks. When asked regarding
these matters McBrien and Eaton said they
had returned everything which could pos
sibly be construed free transportation,
while Governor Mickey and Norris Brown
said they had made clean sweep Of every
thing.
Public Lands and Buildings will pay rail-
road fare to Norfolk to take a look at the
asylum Deputy Land Commissioner Shive-
ley paid his railroad fare to the west end
OF the state today to look after some state
business. or course. Mr.. Shiveley and other
state officers will turn their expense ac-
count in TO the state, consequently TO be
without passes will not be a death blow to
them, Notwithstanding the humiliation they
may suffer by having to travel like ordinary
citizens and pay their own way when
travelling for personal reasons.
Supreme Judges Consult.
The judges Of the supreme court met in
consultation today preparatory to the open
ing OF the session tomorrow. The calendar
is unusually long and II is probable that
on their own motion the Judges will con-
tinue several cases. Attorney General
Brown has seventeen cases on the call and
is ready for trial in all Of them, but II is
understood that in several cases a con-
tinuance will be asked by the other side
Chief Justice Holcomb, against the advice
OF his friends and family, came TO the state
house this afternoon 20 participate in the
consultation OF the judges. Judge Holcomb
has never missed a session of the court
since his election, and Notwithstanding his
very severe I'll health, his appearance at
the state house created little surprise A
number Of attorneys who are here are urg-
ing Judge Holcomb to keep OF the bench
until his health is improved
Asks stay for Haddix.
J John Wall is in Lincoln trying to get a
stay Of execution Of the sentence Of ". 8
HaddiK, convicted OF murder in the second
degree and sentenced TO twelve years in
: the penitentiary. Haddix was convicted OF
the murder Of Melvin Butler of Custer
county.
Delegates to Immigration Conference.
The following delegates were appointed
, by Governor John H. Mickey 10 represent
the state of Nebraska at the national con.
ference of immigration, 10 be held in New
York City December and Z, 1905, under the
auspices of the National Civic Federation;
Sophus Noble Omaha Pioneer building
Peter Jansen. Jansen; B. V. Kohout. VII
Der: S. F. Nichols, Beatrice; John Rozicky
Omaha: F. c. Hanson. Fremont; Rev.
E Nordling, Swede Home; Paul Getzsch-
mann, Omaha, 1GlS South Tenth street
p Henry Wehn, Lincoln, editor Freie Press
Looking Up Legislative Records.
, Members OF the late legislature who are
? candidates for reelection Will have to face
the records they made in that session dur
: ing the coming campaign. A well-known
: politician who has had much 10 do with the
3 agitation against the railroad domination
in politics was al the state house this
e morning to secure copy Of the house
2 journal from which he desired to take the
3 record on railroad legislation OF every mem
; Der of the house. The house journals foi
some reason or other, are not yet published
and this man wondered If there was any
reason for this delay, and he intimated
that inasmuch as the railroads were al
Z ready busy selecting candidates for the
5 legislature that the books were being held
back until everything was set. He said:
y The member of the legislature who re-
fused to commit himself on railroad legisla-
E ton, or who was a railroad tool during the
! last session will have hard shedding getting
( into the next session The record Of every
! member will be published in the county
E papers in the county in which he is a can,
E didate, and nothing will be left undone tC
show such members I'd in their true nght
4 TO the people who trusted them"
Urging Special Session.
Governor Mickey is still receiving numer
Gus requests TO call special session. Som,
p are anxious that ne wait until he sees wha
n ] apfiou the railroads will take On fhafr los