Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-31
GRAIN MEN ARE IN THE DARK
Unable to Comprehend the Grain Case
Decision Of Supreme Court.
TWO CLAIM COAL DISCOVERY AWARD
owner and Holder of Coal LeHse on
the Land Each Assert the Money
should BE Psid 60, Him
by the state.
Qrom stan COrrespondent)

pfenle court .ueclSlou IN Aht gram NooN |
got another rap this morning, and this |
time It Is the counsel for the Nye-
schneider-Fowler company doing the |
knocking. The attorneys for this COM
pany in brief filed assert the opinion |
is homogeneous and evidently there is
Misunderstanding some place.
When the suit was first filed this par
ticulsr company filed a motion TO strike
from the petition of the attorney general
all reference to acts alleged to have been
committed prior to July !, 1905, at which
time the Junxin antitrust act became oper-
alive. II was asserted in that brief the
Junkin act repealed all former antitrust
laws and consequently the grain men could
not be tried for alleged violations of the old
laws.
The attorney says: "Since preparing the
motion for rehearing and brief In support
of 1t have conferred with a score more
or less of associate counsel and find them
each, like myself. unable to understand
the opinion because of the incongruity
between it and the overruling Of my mo-
ton TO strike out In the recent motion
and brief Of the attorney general in the
case he and his associate counsel are
just as much at loss to understand the
matter as the rest of us. they also being
L
motion with the opinion. The opinion
shows good reason for overrullng the de-
murrer and fully covers the ground It
shows that the motion ought to have been
/ sustained Hence when the opinion is
followed by the overriding of the motion
| II presents an incongruity too deep for
| any of us. There must be some msun-
Outstanding some place"
This company desires a determination
| Of the issues and of the material matter,
| and gives as one reason for such action
upon the part of the court the great
amount of evidence that will have to be
taken If the referee is appointed in ac-
cordance with the wishes of the attorney
general.
Two Claimants for Coal Reward.
The fight for the reward offered by the
state for the discovery of coal is now on
in earnest. A. M. Borst. the owner of
the land on which the coal was discovered,
near Peru. and F. NJ. Medley, who says
he made the discovery, have both filed
claims with Governor Mickey for the
money.
Medley asserts he leased the land, inso-
far as coal is concerned from Borst, and
after prospecting several months and
spending considerable money made his dis
5000. He also agreed, 1t is said, to give
Borst so cents ton royalty on all coal
taken out of the mine.
Now comes Borst and says he has owned
the land for thirty-nlne years. and twenty
years ago saw indications of coal on It.
Last October he said he found a vein
six inches thick and thirty-fve feet wide,
while the first Of the year he began to
work the vein and had dug back as far
as seventy feet, where the vein runs from
thirty-six to fifty-seven inches in thickness
and is six feet wide. He made no mention
in his claim of Medley's part in the dis
covery
The legislature of 1903 offered the 5000
reward, but the legislature of 1905 was
silent in the matter. The appropriation
has, of course, elapsed, but the law still
stands on the statutes. 1t will take an.
} other appropriation before anyone can gel
, the reward.
l Soldiers Home Crowded.
Governor Mickey returned last night from
! Grand Island where he spent day and
|, night at the Soldiers Home, visiting with
the comrades and inspecting the institution
. II found everything first-class," said tn,
2 governor, land 1 enjoyed the visit i'm
mepsely. Harmony prevails in every de
e partment and there is no kicking becaus,
! of the food being furnished or the cooking
\ Everything is spotlessly clean and all tn,
e members of the home are perfectly salts
/ fed. The night was there two of the ole
z comrades died. making eight who have die
during the month. The home is yer!
e crowded and there are a number who hav
Z their applications on file for membership
t vino will be taken in just as soon as Their
is room for them"
a Mickey Speaks I'm Illinois.
4 Governor Mickey will go to Sterling. ILL.,
; tomorrow night. where on Sunday after
j noon he will address the Young Men
I Christian association. The governor vii
e talk on Character Building" This morn
: ing he declined two invitations TO max
v speeches. one before the graduating elias
y OF the Sutton High school and the Othe
. at the dedication Of a church at Contra
City These, with other invitations. wer
: declined because the governor is too bus
to accept them.
Governor Accepts Terms of Law.
In the absence OF Legislature. Governo
Mickey this morning issued statemen
giving the assent Of the state TO the pro
visions OF the recent law enacted by con
gress providing for the appropriation O
money Tor experiment stations. BEFORE IN
law becomes operative 1t must be accepte
by the several states.
object to HOG Pens.
Some members of the State Fair boar
are not pleased with the action Of tn
board at it's recent meeting In voting {
build another string of swine barns
These barns will extend out into tn
space usually set aside for the agricul
turai exhibits and according to thos
members Of the board who are objectinI
will come too close 10 where the peopI
have to stand around 10 see things. The
made their objections at the meeting
but It was OF no avail.
Teachers Meeting Next Week.
State Superintendent McBrien and Deput
Bishop viii be absent from Lincoln nearl
all next week visiting the meetings
the District Teachers associations. Thes
meetings win be held I'm Norfolk, b
atrice. Hastings and Fremont and ever
county In the state is included In n
organizations.
New Corporations.