Omaha daily bee., 1908-11-15
Thinks Penalty Illegal.

- = q NNA8t ~ ~ NNhNA
ordered laid by the city council.
Thinks Penalty Illegal.
Charles NJ. Harl Of the firm OF Harl &
FINLEY, local attorneys for the Omaha &
Council Bluffs Street Railway company, on
his return yesterday morning from Des
Moines, where a hearing was had before
Attorney General Byers upon the question
Of the payment of a filing fee OF $4,000 for
Incorporation papers and the penalty for
failing to file amounting to over 500, 600,
had this to say on the matter:
The contention of the Omaha & Council
Bluffs Street Railway COMPANY is that the
statute is unconstitutional; that it canno
apply TO this corporation, and that in no
case can the penalty clause be enforced
against this p for failure to pay
the filing fee.
I'VE think there is no ground at all for
the taxing Of the penalty. for at the time
OF the incorporation John L. Webster con-
suited Attorney General Mullan, raising the
question of the liability for the fee. The
attorney general at that time said that IL
the conclusion was reached that the COM
pany was liable for the fee the COMPANY
would be notified, and there was no noti-
fIcation until the matter was taken I'D by
Attorney General Byers.
THE standing of the company In Council
Bluffs is given II by the United States gov
eminent, 1t having been granted the right
to cross the river and do interstate bust.
ness. which carries with IL the right to do
business in Council Bluffs. This right can
not be interfered with by the state. Under
this charter the company cannot be ousted
from the city. Along with this government
charter Is the government contract for
carrying the United 7tstes mail between
the two states
W contend that the statute requiring an
interstate transportation company to pay
a filing fee Is unconstitutional upon grounds
the converse Of those Upon which the en-
ployers' liability was declared uneonstitu-
tional in the United States supreme court.
1t was held by that court that the federal
government could not legislate with refer
ence to damages which might be secured
by men employed by interstate companies,
n such men were not actually engaged in
interstate business.
The contention OF the street railway
company is that the state cannot legislate
with reference to interstate business, and
that the statute Is unconstitutional because
1t makes no discrimination between the
companies doing interstate business and
those doing intrastate business"
Omaha Man Wants His Wife.
81 think he must have hypnotized my
wife or something like that" declared
August Bogenske of 1903 South Sixteenth
street, Omaha. yesterday afternoon when
he called at police headquarters and re-
uuested the officers to arrest a man named
Ludwig. whom he charged with running
away with Mrs. Bogenske and their four
children.
According to the story told the police and
later to the COUNTY attorney by Bogenske,
he left Omaha a few months ago and went
west in search of work. His wife and
four children he left in the care Of her
parents. When he returned to Omana
about a week ago. he discovered that his
wife and children had left the home Of
Mrs. Bogenske's parents. From friends
Bogenske learned that his wife had gone
away with a man named Ludwig. who was
said to be employed by one of the railroad
express companies in Omaha. Taking up
the trail. Bogenske said he learned that
Ludwig and his wife had been living near
Florence. but when some Of the ~neighbors
became suspicious and commenced to talk
they moved to this side of the river.
Yesterday Bogenske learned that his wife
and children and the man Ludwig. whose
given name he did not know, we're living
on Avenue T..
An information charging him with a
statutory Offense was filed against Ludwig
by County Attorney Hess In the court of
Justice Cooper. and a warrant was issued
for the mans arrest.