Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-02
In Case Senators Continue to Absent Them
selves will Disband.
WILL THEN FORMULATE BILL ON OWN HOOK
Christian Science Bi i Finally Laid to Best
in the Sonata
SNRMIsH ON COUNTY OPTION MEASURE
After Some Debate it Goes over
on Decision 20 Give Public
Hearing to Interested
Parties.
tFrom a star correspondent.l

(From Stan Correspondent)
LINCOLN. Feb. 1.-(special.) 1.-THE senate
members of the joint committee appointed
TO draft a primary law in accordance with
the pledges in all the state convention plat
forms, failed to show up at the meeting
announced for this afternoon. The house
members agreed to meet again Monday
night at o'clock in the judiciary committee
room and adjourned without doing any
thing. Every house member OF the joint
committee was present. and Senators
Thomas and Patrick. members OF the conf
mittee. were in the state house, but when
sent for said they had been doing commit-
| tee work all afternoon and were too tired
to meet with the primary committee. The
other senate members who were notified
Of the meeting and failed to show up were
Wilson of Pawnee, Phillips of Holt, Hol-
brook of Dodge, Luce OF Harlan and AID
rich of Butler.
II was expected at the meeting this after
noon that the joint committee would de-
eide definitely whether II would work on
/ statewide primary bill or follow the Nc
Mullen idea, but the senate members
failed to be present, the house members
discussed adopting a report to the house to
disband the joint committee and permit
the house committee to work on the meas
ure alone While there was a strong senti-
ment to adopt such a motion, It was
thought best to give the senate members
one more chance TO make good and that
chance will be given Monday night. Should
the senate members again fail to take the
! interest the house members believe they
should in this most important measure.
there is little doubt the joint primary COM
mittee will dissolve and the house COM
mittee or the individual members will get
up a bill in accordance with the platform
pledges.
! The house committee Is ready at any
time to come to show down whether to
report back a statewide primary or tho
McMullen idea, because II the majority
Of the committee agrees with McMuilen II
will mean a minority report and the meme
bers Of the legislature will have an op-
portunity Of voting sqnarely for the
pledges they have made TO the people or
against keeping those pledges
Right to Abolish Home.
Should the legislature desire to abolish
the Home for the Friendless or close II up
or remove It, II has legal right to do so.
according to the opinion of Attorney Gem
eral Thompson. This matter has come up
at numerous sessions of the Legislature be-
cause 1t has been held the state acquired
this property and 1t Is as home for the
friendless specified in the deed. Mr..
Thompson's opinion is follows, and IL
is directed to Land Commissioner Eaton:
Your favor of January 20, 1907, submits
to this department the following, question;
home for the friendess. July 5, 1882. Salue
N. Franklin and husband conveyed a cer-
tract of land unto the state of Nebraska
for the use and benefit OF the Home for
the Friendless in the state Of fNbraska
In 1893 the legislature established a hos.
children and located the same in the Home
for the Friendless. Can the legislature pro-
vide for the exclusive use of this property
as hospital for crippled, ruptured and de-
formed children, and establish a Home for
ot forfet sny ri Right so 10 ssd real estate
l observe from the deed that the ex-
pressed consideration for the land pur;
the expressed consideration represented The
actual value OF the land at that time and
that no part thereof was in the nature OF
donat ton to the state, or that the MAIN
tenancs Of the home upon i .,n,, was an nj in.
are facts in connection with this matter
not submitted by you and unknown to ms
that would modify the opinion here ex-
While have been unable to find any
authority in this state on the question: a
similar one was before the Illinois court
A block of land was purchased for $500
by a, county and the following provision
said party OF the second part for court
house, jail, and any other necessary county
buildings" The county authorities under
took TO abandon the land for county pur-
poses and to sell H. In the lower court
they y ,S were en]Slned' SsS Inc superior court
title without any conditions or restrictions;
that the power OF alienation was not limited
no covenant In the deed that the land
should be devoted to a particular purpose.
(Warren County against Patterson, IS Ill.
/
ton OF Its position:
IN A buys a lot OF ground Of and it
it as site for mill or other operative
establishment the fee being conveyed TO
him. he has the undoubted right to dispose
OF II without carrying out his intention.'
Both from reason and the authority cited,
based upon the facts at hand, I would say
that the state became possessed OF an
absolute estate In fee simple TO the land
described in the deed; that the words re-
ferred 10 are simply descriptive OF the use
of the land and are not in the nature OF
restrictions or reservations and that the
state may legally use the land for. such
purposes as II may see ut, and that II may
establish Home for the Friondless else
where whenever circumstances and the
public good require II.
Bulk Sales Bin Advanced.
Clarke OF Douglas put his bulk sales
bill through the committee OF the whole
In the house this morning and had ID
recommended for passage. and in doing
so he not only had to overcome consider
able opposition, but had TO almost run
over Cone OF Saunders. the moor leader
OF the minority, who opposed the bill,
using as a part OF his argument his IA
vorite expression. "Class legislationP
Clarke called attention to Cones habitual
habit OF yelling class legislation when,
ever he could ind no other excuse for
opposing a measure. A half dozen or
more members spoke for ana against
the bill, and Kiilen Of Gage. who let the
matter go until the last minute. wanted
II let alone until some future time when
the committee could again discuss II. The
motion for Il to be recommend ID for pas
sage was carried almost unanimously.
The bill provides that before a stock OF
merchandise is sold in bulk. the creditors
OF the merchant must be notified OF the
, sale or the trade IL invalid II was
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