Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-26
COMMISSION FILES ANSWER
Insists Amendment to Constitution 10
i Legally Adopted s
EAST WING or STATE HOUSE UNSAFE
ARCHITECT Inspects BuiIdiRs ana RE-
ports ~ f. Settling Rapidly and
There H. Danger Off '
COllRpaing.
(From a stan Corresnondent.)

AANSCAAANf Jan EOs-iEDeClah)-Tne
answer in quo warranto proceedings in
eututed by the attorney general to test
the constitutionality OF the railway com
mission was filed in the supreme court
this afternoon. Attorneys for the re
spondents are Judge NJ. b. Reese, C. ,.
Whedon and J. A. Williams. In general
the answer sets forth the legality of the
amendment and the successful result of
the election by which the railroad COM
missioners now hold their offices. The
answer is largely of a formal nature.
maintaining that the commission exists
through the authority Of the election of
November. 1905; that the members have
duly qualified by taking the oath as pre-
Bcribed by the constitution. A dental is
entered that the commissioners are wrong
fully usurping the functions OF said office.
They assert they are entitled 20 the salary
And emoluments to be provided by law
and are entitled to occupy the necessary
o1lce rooms in the state capitol or else
where that may be provided for their us
and occupation. A detailed history is
given of the passage of the resolution
calling for the constitutional amendment
and of the passage Of the amendment t.
self ending with the declaration that tn
amendment is and has been since the
election a part of the constitution OF the
state In full force and effect. The answer
states that the proposition was endorsed
by the three leading parties of the state;
that 1t was widely known and discussed
during the campaign, and that this fact
should be taken into consideration in addi-
tion TO the usual legal notices of thu
amendment that were published.
State House wing is Unsafe.
The east wing of the state house has
been oficially declared unsafe and danger
eus. D, .4.sPts.t
Architect Berlinghof. who recently made
an examination of the building, reported
10 Land Commissioner Eaton this morning
that the east wing had settled six or eight
inches within the last month and there is
grave danger Of collapse of that section
OF the building.
The following is the detailed report of
Mr.. Berlinghof: g..
AS requested by you to carefully inspect
the east wing OF the capitol building and
report to you my findings, 1 beg leave to
have measured the east wing I re-
vations taken March 8, 1903. The elevations
given in each, case are the elevations at the
window sill on January u. 1907 l re-
gineer. TO take levels and give me the
elevation at the water table. ] did this In
building had settled any more since March
8 1903, and found that It had settled almost
another two inches. The south wall Of
inches at the top Of the third hoor;
In the commissary department, which is
situated directly under the private ONCE
IN the south side of the wing, is shown the
best evidence that the building Is still
continuing to settle, as on my nTst visit
particles OF the brick arches had fallen out
This room was cleaned out and on my next
nce says be arches on the ooT
The mortar In the south wall 10 continually
falling on and this quite rapidly, which
settling OF this wall. In the offices Of the
state superintendent and oil inspector a
Sraeknng OF the walls Is trequenty he eIS,
At the top of the building new and
large cracks have made their appearance:
The iron rods now in the building and
which run from the south wall toward the
north wall are on the second story floor
account OF the continuous settlement OF the
south wall. which will overhang more and
more at the top.
further notice that the ground adjoin-
ang the capitol building in most places
slopes toward the building, causing surface
drain down along the wall to the founda-
tions, weakening them; further noticed in
the angle OF the south side of the east
wing a downspout ran down formerly dis
charging into the sewer, and feel sure the
first settlement of the building caused a
the water somewhere in the ground and
n such is the case would materially AFFECT
the settlement of the building also
With all OF the above conditions exist
ing, herewith state to you that this portion
OF the east wing is unsafe and In order
TO rectify and make IL safe recommend the
most practicable way would be to take
down the outer wallis from top to bottom,
take up the foundation and reconstruct the
Same with concrete OF proper sizes to the
comparative loads coming upon the same.
While this lis being done the floor can be
ehored up and a temporary outer parution
can be- constructed in order to permit these
Offices being occupied while the work of
reconstruction 10 going on.
The estimated cost of making the south
portion OF the east wing secure Will be
practically 1000. Should you or the board
desire further information l would be
pleased to appear and fully explain the
matter. GEORGE A. BERLINGHOF.
Rec ton by Governor.
majority of the members OF the legis-
Iature svailed themselves OF the hospitality
Of Governor and Mrs. sheldon tonight al
the second weekly reception given by them
The crowd was larger than last Friday
night and a most enjoyable evening was
spent.
Major General Epperson detailed Commo
dore McKesson and Colonel Keifer TO serve
coffee to the last relay of guests and this
diEnifed bearing of the states protector
and the very able manner in which thel
discharged their duties won them the ever
lasting friendship Of the crowd and Sc
cured for them permanent positions at thes
weekly functions. Colonel Bills aided hi
fellow officers by acting as special guild
to the dining room.
Anti-Hobo BhI E1cites Comment.
GRAND ISLAND. Neb.. Jan. ESPECIAL
tutr nv Par