Omaha daily bee., 1905-08-15
SOME DOUBT ABOUT TITLES
Great northern Said to Have No Right 10
Operate in Hsbr4skG
INCORPORATION ARTICLES NOT FILED
state would Like 20 Have the $4,000
Fee which This FuinE would
Reauire-Gres, western
AIuo Dereliot.
lrrom a star correspondent.


LINCOLN, Aug. IL-(special.l-Can the
Great Northern railway legally acquire the
right OF way for the new Ashland-Lincoln
cut-off7 Deputy Secretary Of State Miller
stated this afternoon that he has grave
doubts as 20 the power OF that road TO
acquire legal title to the land needed for
the construction of the line because Of the
fact that its articles Of Incorporation are
not on file In the ONCE OF the secretary
Of state. thus making It domestic rail-
way corporation within the meaning OF
the constitutional provision which limits
the exercise of the right Of eminent domain
20 Nebraska corporations. II is stated that
the filing Of the articles in the ONCE Of the
secretary OF state would necessitate the
payment Of a $4,000 fee. Miller said that
no action indicating any Intention to file
had been taken by the officials Of the
company within his knowledge. He is in
direct charge OF the corporation depart
meut
Miller has no intention of referring the
matter to the attorney general at the
present time, since that official is too
busy with other important matters TO en-
able him 10 act What the deputy de-
slres most is to secure the payment Of the
$4,000 fee which would rebound to the
credit OF his department.
What effect the enforcement Of the con-
stitutional provision would have on the
contracts for the purchase Of real estate
already entered into has not been stated.
II is believed that the same doubt which
exists with reference to the projected road
applies also to the Sioux City a. Western
branch OF the Great Northern. which has
been built within the past six or seven
years.
Deputy Secretary Of state Miller stated
against the constitutional provision at
Omaha, where It has acquired considerable
right OF way with depot and elevator sites.
McBrIen Speaks for West.
State Superintendent McBrien has re-
turned from trip to the highlands be-
tween Sidney and Hay Springs in Sheridan
county and there he was surprised to find
fiourishing fields OF wheat and potatoes,
which makes him feel justified in predicting
a great future for the western section of
the state. He says that in a cross country
drive from Alliance to Hay Springs he
discovered that there Is an evident change
IN the character Of the vegetation Buff
falo grass is giving way to the blue stem
and gramma grass. This he considers an
indication OF change In the climate,
which is so evident in the many fields OF
grain witch he saw in the typical range
country. Much of the wheat, he estimates
win run thirty bushels to the acre.
During the last week he led a strenuous
life making a speech or two evcvy day
and riding over l,00O miles on the rail.
way in addition to two long drives. He
slept whenever he could. as 1t was not
possible TO keep any OF the regular hours
known to the man OF steady habits. His
western run was made Wednesday, when
he went to Sidney. Thence he went to Al
Z lance b. railway and that afternoon al
4 O'Clock started to drive overland via
the old stage route to Hay Springs, fifty
miles distant. After taking supper al
the sod postofflce at Box Butte. he ar
gived at his destination at 11:30 at night
At Valentine he addressed the teachers al
the junior normal There he was surprised
20 learn what a vogue the idea of schoo
gardens had acquired At the school
garden titled by the teachers was drawn
for the vegetables which they had a
the dining hail. He found teachers whit
had never before seen tomatoes and othe
common vegetables because OF their resi-
dence in the range region. He believes
than many of them took home lesson
which will show them the possibility o
establishing home gardens on tracts whicl
can be watered by windmils. This de
Velopment will mean much for the west
he says
Itineraries for the Week.
Superintendent McBrien and his deputy
Mr., e. c. Bishop. will both deliver ad
dresses before county institutes during thi
week. Mr. McBriens itinerary is as, fol
lows:
n Tuesday at FaIrhurv, "Wednesday Era