Omaha daily bee., 1906-03-10
MORTENSEN NAY WITHDRAW
Attorneys See No Way to Get Question Of
Eligibility Before Court.
MORE TROUBLE OVER TABITHA HOME
GOV. Mickey Commands Iowa senate
for Anti-Pass Law, hut Thinks IL
shouId Have Gone Step
Farther with Prohibition.
(From a Stan Correspondent

(F'rom Stan Correspondent
LINCOLN, March s.-Cspecial Estate
Treasurer Peter Mortensen this morning
held a conference with his attorneys, STROBE
g. Clements, regarding Mr.. Mortensen's eli
gibilty to be governor Of the state, but no
Official announcement will be made Of the
outcome Of the conference for few days
The attorneys have been looking into the
matter Of bringing suit to have the ques-
ton OF Mortensen's eligibility passed upon
by the supreme court but they have come
to the conclusion there is no way this can
be done except by quo warranto proceed
ings, which could not be started until after
the election. For this reason It is probable
the state treasurer will within a few days
announce his withdrawal from the race for
the republican nomination, as Mr.. Morten-
sen has said all along he would not be a
candidate should there be any doubt of his
eligibility TO hold the Office.
Mr.. Mortensen, however would make no
statement for publication this afternoon
as he desired to further consult with some
Of his friends before taking any action.
The decision of the supreme court in the
Coney-Hyland case which was to the eff
feet that the court would not pass upon
the eligibility of a candidate for Office in
mandamus proceedings, but instead would
do this only in quo warranto, has taken
away all hope of the treasurer getting into
court before the election. Mr.. Mortensen,
It is believed, feels it would not be doing
the party justice and would be too severe
"A handicap to continue in the race for the
nomination with his eligibility in doubt,
and because OF this his withdrawal Is ex-
pected within few days.
Unusual Episode in Court.
Charles f. Means, who has figured con-
siderably in the courts OF late, this morn
ing developed a big case of remorse and
went into court and paid the costs of suit
which he had won and in which the costs
had been taxed to the plaintiff. Means had
been sued for a lumber bill and when the
case was tried he produced a receipt for
the amount charged against him. This
morning he said he had secured the receipt
by unfair means and as he had started on
the right and narrow path he wanted to
pay the costs OF the suit, which amounted
TO sos.
More Trouble with Tabitha Home.
Tabitha home, which was taken over
some months ago by a committee which
first secured the removal of Rev. and Mrs.
Heiner. the founders of the place and since
its start it's managers, is to again come
under the limelight. So far II is asserted
this committee has never been able to get
statement out of Rev. Mr.. Heiner regarding
his management of the home. Today At
torncy General Brown, acting under the
law. demanded a report from Mr.. Hener of
the affairs of the home. Mr.. Brown served
Heiner with the following notice:
In accordance with and by virtue of sec
ton l64, chapter XVI, Of the Compiled Stat
pteS OF Ipr me year i ~ Nof
OF Nebraska, require and demand a full re-
port and statement of the affairs, doings
and account of the transactions of your
corporation under oath, as required by law
since commencing, business, and this you
the penalty of the law.
Conference on Grain Cnse.
Judge Sullivan of Columbus and Frank
Howell of Omaha will come to Lincoln
Monday or Tuesday at the invitation of At
torney General Brown for conference in
the matter of the grain suit now pending in
the supreme court. Several OF the grain
dealers and companies have filed answers
to the petition of the attorney general and
the latter will now prepare brief in reply.
Mr. Brown returned last night from
Washington where he went to argue his
motion to advance the Burlington tax suit
for speedy hearing The attorney general
brought back with him numerous stories of
experiences in which he and Attorney Stan
ley were the principals. This was the first
trip east ever made by the head of the
legal department
II found quite a country back there"
said Mr.. Brown. I'm fact, / didn't know
we had such country L enjoyed the trip
immensely, but II made me fell awful bad
to see those poor farmers back in Pennsyl-
vanis and Virginia trying to raise corn out
of gravel and rocks. Every once in a while
you could see some poor little old roots
sticking out of the ground and the people
on the train said they belonged to corn.
Stanley and both got scared at the big
buildings and Stanley tried to carry of
the Bible in the supreme court. We. with