Omaha daily bee., 1908-07-13
TELEGRAPH COMPANY SUED
State Asks Large Sum for Failure to
File Articles Of Incorporation.
DEMOCRATS PLAN BIG RALLY
Death of d Bishop D~iscloses .
Weak Place In the New Primary
Law-No Way 90 Get Candi-
date on the Ticket.

. AaaN-No why ~ NNA
date on the Ticket.
DIES MONIES. July 1~l-Cspecial Tele-
gram.eAttorney General Byers, on behalf
of the state Of Iowa, at a late hour today
filed suit in Polk county district court
against the Western Union Telegraph COM
pany Of New York, for the collection OF
$S9S. 500.
The suit was based on the fact that the
company is doing business in the state
without having first filed n certified copy
of it's articles of Incorporation as required
by law. The amount sued for includes
300. 900, the amount Of the filing fee, and
the balance is under the law which imposes
a fine of 800 for each day that the COM
pany does business without having filed Its
articles of Incorporation. the total length
of time being 1886 days.
The petition recites that the profits Of
the COMPANY from 1895 to 1906 were S3, 1884,
400. The attorney general made demand on
the company in October last year to pay
the filing fee and fine. and It refused.
1t is understood the suit, IL successful,
will be followed by suits against other
companies on the SAM ground. Attorney
General Byers announced more than a year
ago that most of the corporation laws Of
the state had never stood the tests of the
courts, and that many Of them were being
disresarded, and that he proposed during
his term Of office to put them to the test.
First Gun OF Campaign.
Des Moines is to be the scene Of the fir
ing of the first democratic gun of the cam
paign. On Monday Jerry Sullivan of Iowa,
with 200 delegates or more on their way
back from Denver, will stop here. Hon.
Charles Towne will be one of the national
figures to deliver an address and there will
be a big parade as one of the features.
Florence Maybrick in City.
Florence Maybrick is in Des Moines and
is thought to be registered at the Chamber
lain hotel. She reached the city some time
today and the hotel clerk admits she has
registered there, but says she has paid out
and gone. 1t cannot be learned where she
has gone and 1t is suspected she is still
here.
Break in Election Law.
Because of the peculiar fact that the
constitution and the laws of Iowa seem
to provide no means by which a nominal
tion to a state office can be made be-
tween the state convention and the gen.
eral election when a vacancy occurs at
that time lawyers are of the opinion that
the vacancy caused by the death of Judge
Charles A. Bishop of the supreme court
must be filled by appointment Of the gov
ernor till the general election in 1910.
The primary election law provides that
the state committees shall nominate when
a vacancy occurs among the nominees.
Judge Bishop was not a nominee. Fur
thermore, the dates for the state cunven-
lions are fixed by law and they have all
hPnn hplA md fhArn fa 40 nro,yN@t2A g.
r~econvening them.
Today many persons were named as
suitable for filling the vacancy. Judge
Bishop was appointed to fill a vacancv
by Governor Cummins and was a warm
friend of the governor. Governor Cur
minis has given no thought as to the posi-
BILE appointment and will not discuss II
out of respect for his friend.
Attorney General H. w. Byers is one of
the most prominently mentioned men for
the position. Mr.. Byers comes from the
Ninth congressional district, which is also
the home OF Judge Deemer, who is also
on the supreme bench, but this is not con-
sidered a serious objection, as Mr.. Byers
since his election as attorney general has
moved his family TO Des Moines. which
was the home of Judge Bishop. Mr.. Byers
In years past has had ambitions strictly
NASAo S'N AAAN W NAAS law dllu II y LnOuEnI
the position would be in line with his
tastes.
Senator w. II. Berry Of Indianola. a
member of the State Board Of Control
has also been mentioned. w. H. Baily of
Des Moines, Howard Clarke of Des Moines
and Colonel Charles A. Clarke Of Cedar
Rapids, ex-department commander of the
Iowa Grand Army of the Republic, have
been mentioned.
Mrs. Bishop Coming,
Mrs. c. A. Bishop has telegraphed from
California where she has been visiting that
she will reach Des Moines Monday. The
funeral Of the late Judge Charles A. Bishop
will probably not be fixed upon till she
reaches Des Moines. The body was brought
TO Des Moines from Waterloo by Judge
Scott M. Ladd. chief justice; Judge Deemer,
w. II. Baily and George r. Henry. The
Youngest daughter is coming from Cali
fornia with Mrs. Bishop. AIvord Bishop.
the son. reached Des Moines today from
Cleveland, O., Another daughter. Mrs.
George Bryan, and her husband have
started from their home in New Mexico
and are expected tomorrow.
Convention Recalled.
The Seventh congressional district central
committe announced today a recall Of the
announcement Tor a convention to be held
here the 18th OF this month. In the an
nouncement 1t is claimed that the legal
tangle between Congressman Hull and Judge
Prouty makes necessary a postponement of
the convention. 1t is understood to be the
TO call the convention not later
II the legal tangle is unraveled.
The old congressional committee is a Hull
Judge Prouty will, however
have a majority at the congressional con-
vention and the next committee will be a
Prouty committee. The first call for the
convention named as part OF the business
the nomination OF a congressman. AS this
Is supposed to have been done by the prlm-
airy there was much speculation as to the
call. 1t is now explained tina this was a
mistake and that the old form Of call was
used without thought Of the change in the
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