Omaha daily bee., 1908-01-12
Thinks Hammond Should Not Be Can
didate in View Of Previous Action.
BURKETT MUST SHOW HAND NOW
Has Not Stated His Position, but Indi-
cations He is for North Platte Man.
PROTESTS AGAINST THOMA;
TeIeGraws Sent to President and
Postmaster Genersr In Behalf of
Retention of Palmer as
Postmaster.
tFrom a STAR Correspondent }

(From a staff Correspondent
WASHINGTON. Jan 11.--(special Tele
gram )--senator Norris Brown, tired of
waiting upon Senator Burkett to Join
him in a recommendation of w, B. Rose
OF Lincoln as collector Of internal reve-
nue. for the district OF Nebraska to sue
oeed Elmer r. Stephenson, today brought
the issue between the senators sduarely
to the front by filing with the president
q strong list of Endorsements in favor of
Mr.. Rose for the place. These indoTse-
ments include most Of the republicans of
the last legislature and many of the lead
ing newspapers of the state. In filing
these testimonials in behalf OF the pres
ent deputy attorney general for Nebraska,
Senator Brown outlined to the president
the conditions which prompted him to
give Mr.. Rose his support, leaving the
whole matter so that Senator Burkett can
easily join with his colleague, should he
so desire, in making Mr.. Rose collector
without "a scrap" Should Senator
Burkett refuse to Join Senator Brown In
hiB recommendation and file counter In
dorsements in behalf of Ross Hammond
Of Fremont, then the prettiest fight for
federal appointment Nebraska has seen
in years will be on.
Senator Brown has waited until the
Omaha postmastership was out of the
way to go to the front for Rose. who is
former chairman OF the republican com
mittee in Nebraska.
Numberless conferences have been held
between the senators from Nebraska over
the collectorship. Sometimes 1t looked as
IL Burkett saw a new light and would
indorse Rose, but he always left the con-
ference. asking for yet few more days
for consideration" 1t was "manana" or
este manana," with Senator Burkett al
ways waiting for time. This has gone on
since congress assembled. and Senator
Brown, seeing no hope for Joint In
dorsement of w. b. Rose decided that
the president should have knowledge Of
the conditions by filing with Mr. Rooee-
Welt Roses Inducements.
Thinks Hammond InterIOper.
Senator Brown feels that Mr.. Hammond
has no right TO be a candidate after the
meeting held in Lincoln at which Senator
Burkett. r. b. Schneider Ross Hammond
and himself were present, when the suc-
cessor 10 Stephenson was thoroughly gone
over. Hammond knowing full well that
Brown was for Rose and in which 1t is
understood he 1Hammond) acquiesced.
Later. however, Hammond entered the con-
test and Burxett came out in his favor
portunity in all probability OF later securing
the district attorney for the South Platte,
the present internal revenue collector being
charged to that locality.
Just what Senator Burkett will do is pro
blematical He can. with little difficulty,
join his colleague in Roses endorsement.
viii he do 1t or will he fight? That is
the question
Protests Against Thomas.
Several kilograms were received at the
White House and the Postoffice depart
ment today from Omaha. protesting against
the appointment Of b. F. Thomas as post
master at Omaha. It was announced yes
terday this appointment had been agreed
upon and would be sent to the senate Mon
day. Whether these remonstrances will
have the desired effect, or even delay the
appointment of Thomas. which would be
the same as giving the present postmaster.
Captain II. p. Palmer. a little longer pail
at the salary, cannot be ascertained.
Answer Filed for Judges.
Two circuit Judges of the United States
are in the supreme court with answers
explaining why they have retained juris-
diction over railroad case that came up
from Nebraska, in which Attorney GEN
eral Thompson asked for a writ of man
tion TO the state court. Judge w. II.
Munger of Omaha, and Judge T. c. Nun
ger of Lincoln. are respondents. and At
torney w d. McHugh. attorney for the
Burlington railroad. has prepared and filed
their answer for them.
This peculiar case arose because the
state OF Nebraska was dissatisfied that Il
was not permitted TO go into its own court
OF equity and demand a remedy for the
enforcement OF it's own laws on railroad
subjects. Senator Norris Brown, junior
senator from Nebraska, has charge OF the
case before the supreme court. He Sc
cured the sanction of the supreme court
to this procedure, rather than that of TAX
ing a oircuitous course and appealing from
the decision of the lower courts. The
brief OF the state was filed by the senator
and the answer of the Nebraska Judges
has Just been made public. The answer
recites that the decision of the circuit
judges was made in the exercise OF their
best judgment and their decision is recited.
The question of Jurisdiction between the
state and federal courts hinges on whether
the state of Nebraska as a political entity
is the real party in interest in the suit
having no pecuniary interest in IT,. Attor-
ney General Thompson having asked for
to prevent disregard of state laws rela-
tive to the 2-cent fare, anti-pass and anti
discrimination. Senator Brown and the at
torney general have maintained that Ne
braska as a state was the real party even
though not pecuniartly interested in the
outcome. The Judges ruled that a pecu-
MARY interest Is necessary to make the
state real party
The act OF congress which needs TO be in
terpreted in the final decision gives oogni-
rance TO the circuit courts of the United
States Of all suits OF q civil nature COM
mon law or In equity. In which there shall
be controversy between citizens OF differ
ent states. in which the matter IN contro-
versy exceeds. exclusive OF interest and
costs. the sum OF 5000. II a state is the
real party IN interest, the circuit court has
no Jurisdiction, as a state IL not a citizen
and diverse citizenship could not be pleaded
The suit was brought in the name OF the
state, the attorney general ana state raiI.