Omaha daily bee., 1906-03-11
MORTENSEN TO WITHDRAW
Formal Statement to Be Issued Some Time
This Week,
wGuToN ANNOUNCES HIS CANDIDACY
Judge lessen aud Senator sheldon to
Have Conference at which IL VIII
BE Decided which IL to he
Candidate.
cFrom a stan Correspondent


LINCOLN, March 1O.-(SpeciaI) Estate
Treasurer Peter Mortensen will issue
statement to the public the first OF the
week announcing his withdrawal from the
race for the republican nomination for
governor. The attorneys employed by Mr..
Mortensen filed an opinion with him yes
terday that it was impossible for him to
get before the court with a suit to test his
eligibility to hold the Office of governor
This determined Mr. Mortensen to with
draw from the race, and after a consuta-
ton with friends to be held Monday or
Tuesday he will make formal announce
ment of his intentions.
In the meantime letters have been sent
out by Lieutenant Governor McGllton an
nouncing his candidacy for the place. Some
lawyers dern here seem TO think the sec
tor Of the constitution which prohibits
Mr.. Mortensen from being eligible to be
governor does not apply to Mr.. McGiltons
while others think both are ineligible.
meeting will be held here the first Of
the week, at which time 1t likely will be
decided whether Judge Paul lessen or
Senator George Sheldon will enter the race.
II Is understood should one of these desire
TO be a candidate the other will not enter.
The announcement of c. B. Dempster Of
Beatrice is also expected to be forthcoming
in the near future The only avowed can
ddates at this time are John Wall, Speaker
Rouse and Lieutenant Governor McGilton.
Attorney Wants n RehearinE.
Attorneys for w L. Newly. whom the
district court of Saline county disbarred
from practicing because It was alleged
Newly had forged a deed in a legal con-
troversy, are in the supreme court to have
the matter reversed and the charges
quashed. Attorneys for Newly assert
the district court mad no right to dsbar
Newly from practicing in all the courts Of
the state, but that they have a remedy in
criminal proceedings il they desire to prose-
cute the attorney.
Van Dorm Case Appealed.
Attorney General Norris Brown this
morning filed in the supreme court a brief
in the case wherein the Van Dorm Iron
Works is seeking to compel Auditor Searle
to issue him a warrant for $685. alleged
10 be due on a contract to construct steel
cells at the state penitentiary. Tine legis-
lature appropriated $4,000 for the construc-
ton of the cells When all had been COM
pleted with the exception of connecting
six of them with the sewers, the Board of
Public Lands and Buildings accepted the
Job and ordered the warrant drawn The
COulTdCl Cdllto luI NonubGlloHS WIFI
the sewer and therefore the auditor re-
fused to allow the bill until the contract
was complied with. In the lower court the
contractors won out and the State APP
pealed the cases.
Heiners to Take Charge.
Rev. Mr.. Heiner and Mrs Heiner, who
founded the Tabitha Home eighteen years
ago and who managed II until last No
venber, when a self-appointed reform COM
mittee ousted them and took charge OF the
affairs of the home, are shortly again 10
come into their own. After four months
experience in managing the home the COM
mittee has come to the conclusion that
It's members have not the ability to carry
the load under which Mr.. and Mrs. Heiner
struggled for eighteen years and one by
one they are getting from under.
Miss Sarah Harris, who was a member
OF the committee which tried to create pub
lie sentiment against Mr. and Mrs. Heiner
resigned yesterday, as did Prof. Candy
of the State university. Dr. Bailey, who
has been considered a friend OF the
Heiners, also resigned. Attorney Lamb, on
behalf OF Rev. Mr. Heiner and other cred
itors OF the home. has undertaken The
matter of selecting a new board to manage
the institution and already Mr.. Heiner has
been sent out on the road to collect money
for it's maintenance.