Omaha daily bee., 1906-04-02
REFEREE IN GRAIN SUITS
Supreme Court Expected tc Name One at
It's Coming Sitting,
ATTORNEY GENERAL ASKS APPOINTMENT


LINCOLN, Nsb.. April l.--(special. D-su-
preme court viii meet Tuesday at which
time some very interesting and important
matters affecting the state win come up.
The most important, IN 80 far as the entire
state Is concerned. Of course. is the grain
case. The court will or at least It has an
nounced Il will. name a referee 10 take
testimony in these cases. Attorney General
Brown. as soon as the court signifies it's
intention to act In accordance with bis sug-
gestion. recommended the appointment of
Judge Calkins of Kearney to be the referee.
So far the attorneys for the grain men have
made no recommendation.
The recent decision handed down by the
court In this case merely overruled the de-
murrer TO the petition of the attorney
general. At the time the decision was made
it was the general understanding of law
yers the court had upheld all of the anti
trust laws, Including the criminal clause.
but after a careful study Of the opinion,
both the attorney general and the lawyers
for the defendants say they do not know
what the court meant and each has asked
for an Interpretation. Each side wants the
court to tell what laws are constitutional
before the introduction OF testimony The
court has frequently held it will not pass
on any question which has not been raised
in the case, or. in other words. it is the
opinion OF lawyers that IL an opinion Is
wanted on the constitutionality of the anti
trust laws, the only way it can be secured
is for some one to be, tried under the pro-
visions Of che laws.
ANorHsyH Propose a Test.
The attorneys for the Nye-snyder-Fowler
company, IN a brief filed recently. claim
it viii take about twenty-one years to get
all the evidence in and It sets up this argu-
nent to get the court to pass on the laws
before the evidence is taken. 1t has been
said the criminal clause can easily be tested
by having one of the grain dealers arrested
under it's provisions and try him. Then the
matter would be brought directly before
the court.
A case of much Importance to Omaha Is
that wherein Elmer Thomas, attorney for
the Civic federation wants to close up a
number OF saloons, pending a mandamiss
trial in the lower court, in which he seeks
TO have a number Of saloon licenses re-
voked. THE supreme court recently sus-
pended the order Of the lower court in
which Thomas won. and the argument was
set for April 3. -
Western Union Tax suit.
The Western Union Telegraph company
has fled brief IN the supreme court in
answer TO the appeal Of Douglas county
from the decision OF the district court Of
that county, that the county board had no
right to increase the assessment Of that
company $4,000 over the returns made by
the county assessor. This suit was started
before the supreme court decided in an
other Western Union case It was not con-
stitutional TO arbitrarily take the value OF
the gross receipts as the value OF the
franchise.
In 1898 the Western Union was assessed
at $4,000 by the Douglas county assessor,
Of which sum s27O92.0. the gross receipts,
was the actual value of the franchise. The
board then notified the manager OF the
company complaint had been filed ana
summoned him to appear before the board
Then the board. voted to Increase the valua-
ton Of the company $4,000 The company
sets up It had no. franchise subject 20
taxation in Nebraska. as the corporation
fianehise was granted by the state OF New
York and the federal government granted
It a franchise 70 use the public highways.
Mrs. MacomBer's Mail stoned.
Mrs, Ida Grace Macomber whose letters
hereafter will be stamped fraudulent" and
returned to the wrfters by order Of the