Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-09-12
RAILROADS ASK FOR DELAY
ee.k to Have Tar Case Before Supreme
Court Passed when CALLED in October,
GENERAL INSISTS ON TRIAL
Reason Assigned by the Railroads L.
There f. Not Full Bench at
Present Owing 60 Retirement
of Justice Brown.
Crrom a stan Correspondent.l

From a stan Correspondent)
LINCOLN Sept. 11.-(special.) -Attorney
for the Burlington and Union Pacific rail-
roads have served notice on Attorney Cen
erai Brown that they win ask that the
railroad tax cases be put over for hear
ing Mr.. Brown has replied that he will
appear before the United States supreme
court October to resist the motion Of the
railroads and that he will insist on a trial
OF the cases at that time. The railroad
attorneys have insisted from the start that
they were anxious for a speedy hearing and
their present attitude comes as sur
prise The Burlington case was decided by
Judge Munger of the United States circuit
court against the railroad, which sought
an injunction to prevent the collection OF
the taxes levied on Its property for the
year 1904. An appeal was Immediately taken
by the Burlington and later the Union Pa
cinc agreed to submit its case at the time
the Burlington case was submitted The
date set for the hearing in the United
States court was October Q. Now John N.
Baldwin. attorney for the Union Pacific
informs Attorney GeneraJ Brown that It
was the understanding that the cases were
70 be submitted before a full bench. AS
Justice Brown has resigned and there is no
probability OF the president filling the
place soon, Mr.. Baldwin gives notice that
he will on October file motion to have
the case assigned for hearing at time
when there is a full bench. Attorney c. j.
Greene for the Burlington mas given sim
liar notice.
The contemplated delay might set the
cases over until after the first of the year,
when Mr.. Brown will retire from the attor-
ney generals once. The rules Of the
United States court do not provide for a
continuance because of a temporary nu-
merical deficiency in the bench. Attorney
General Brown will have his supplementary
briefs on file at Washington three days
before the cases are called for hearing.
The railroad attorneys must have theirs
on file five days prior TO the date of hear
ing
Democrats Certify.
c. M Skiles chairman of the democratic
state convention, and Ed p. Bergman, sec
rotary have certified to the secretary of
state the names Of the nominees Of the con-
ventiou. The name Of W. H. Thompson, en-
dorsed by the convention for United States
| senator, heads the list. The officers Of the
| convention also certify that the convention
| adopted resolutions endorsing the proposed
| amendment to the constitution creating an
| elective railway commission. This endorse
ment was a part of the platform adopted
| closed two Of the planks, one endorsing tho
proposed amendment and another declaring
| in favor of the plan OF adopting the same
railroad valuations for purposes Of taxa
| ton that are adopted for the purpose of
| regulating rates, and demanding that the
! legislature empower the elective railway
! commission to appraise the value of rail-
| road corporations and other common car
riers for these two purposes.
| Hitchcock Sights Thompson.
The fact that Mr.. Hitchcock's paper has
| apparently sighted w. H. Thompson in It's
columns has given rise to the belief among
! Thompson's friends that Mr.. Hitchcock Is
| not eager to run for congress as he Is
/ TO become United States senator. They
' fear that IL conditions are right Mr.. Hitch
cock may yet come before the legislature
as a candidate for the senate.
| It was pointed out by one Of them today
that in reproducing what Mr. Bryan had &c
say about the state ticket before his dc.
| parture upon his southern trip, the World.
Herald carefully eluded everything therein
that Mr. Bryan said that was favorable tc
Thompson. and printed only the kindly
references to Shallenberger. They say, too
| that the World-Herald has been decidedly
chary in It's references to Thompson evel
since the convention.
Republican Campaign Opening.
The republican state campaign will b,
opened Wednesday by Attorney Genera
Norris Brown. George L. Sheldon and Judg,
Boyd with two meetings. The first will
be held at Emerson, Dixon county. in tn,
afternoon, and the next at Tekamah in thu
evening. The three candidates will speai
at both meetings.
| Parole for Indian
Governor Mickey has decided to parol,
Joseph Boucher. a half-breed Indian, con
victed Of mansiaughter in Keya Pahs
county. He was sentenced to serve eigh
years. His victim was a French Canadian
rancher named Belle Isle. Boucher hal
been In the penitentiary since January
1908. Indian Agent Kelly of the Rosebu,
agency stands sponsor for the priscne
under the terms OF the parole.
Deficiencies of the Guard.
Adjutant GENERALLY. H. Culver has re
} ceived word from Washington that an
} recent inspection OF the Nebraska Nationa
| guard by Captain F. A. Wilcox. Thirtietl