Omaha daily bee., 1909-10-21
MERGER HELD VALID
Judge MCHenry Of DeS Moines Dis
solves Temporary Injunction.
HEARING ON STOCK FOOD CASE
Supreme Court Holds Names Cannot
Ne Added 60 MuIet Petition After
same Has Been Fusd with
the Board.
CFrom a staff Correspondent

W TOM y 6AAIN kONNNNVNWNhNNHF
DIES MONIES, Oct. D~.-(speciai Teie.
gram.)-Judge w. H.. MoHenry today dis
missed the injunction proceeding started
by the minority stockholders Of the MI
.tuaI Telephone company 10 prevent the
consolidation OF the Mutual with the lows.
The case will probably be carried 10 the
supreme court. The case wa brought
on the grounds that II was against pub
lie policy and a violation OF the anti
trust laws.
The decision, IL affirmed by the supreme
court, means that nothing stands In the
way Of the two companies consolidating
unless It be the postal card vote con-
Quoted within the past few days.
II consolidation is effected It also means
a hard blow to the Independents in Iowa,
as no outside line can connect with Des
.Moines unless with the consent of the
Bell company.
The action was brought two weeks ago
by ]. ID. Waillngford and Attorney Albert
son appearing for the minority stock
holders, who opposed the consolidation.
Stock Food case Heard.
In the hearing on the application for ar
injunction against the state food and dairy
commissioner on application of the Stan
dard Stock Food company OF Omaha to
restrain the enforcement OF the pure stock
food law. held at Keokuk. Judge Smith
Mcpherson took under advisement the
arguments and It ls expected will announce
his decision shortly. Two claims were made,
that the law was unconstitutional on the
ground that II required the disclosing Of
valuable secret formulas and that the
charge Of 500 q year was not IN inspec-
ton fee, but in reality a ak. Statements
of the court that the public had a right
to know what 1t was buying seemed TO
settle the first point and the state has
confidence It win also win on the other.
Senator George Cossan special counsel in
the attorney generals office, represented
the state.
Ruling on MuIct Law.
In a case appealed from Lee county, the
supreme court this morning held that ad-
ditionsl names filed to a general petition
OF consent to sell liquor after the first
filing and within the ten days limit before
the meeting of the board OF supervisors,
cannot be counted On this decision the
petition Of consent in question is void.
Tour of Branch Lines.
The railroad commission today decided to
take a trip over the branch lines Of the
Burlington railroad in southern Iowa, be-
ginning November 2, to investigate the pas
senger service. Later a hearing will be
had in the office in Des Moines
Sale Of Traction Lines.
Announcement Of the sale of the Des
Moines Street railway to the Congressman
Mckinley interests OF the Illinois Traction
company is expected at any time. A dele
CATION of Des Moines business men left
today for Chicago where they will meet
Jointly the representatives OF the w. w.
Harris mpan Of Chicago and the Polk
estate interests of this city, who are the
present owners and the William b. Nc,
Kinley people who are endeavoring to buy
the system. At this meeting the proposition
will be discussed. The main matter for con-
sideration is the franchise, which 1t is
recognized must be given before the ex-
tenslve improvements are made. which are
necessary to put the plant in proper con-
ditlon. The Mckinley people are preparing
to spend the money on improvements If
the franchise is secured.
Young for China.
An evening paper here prints the story
today that Hon. Lafe Young's friends are
boosting him for the position OF minister
to China to fill the place for which Crane
was appointed and then recalled.
Supreme Court Decisions.
sawyer against Judge Mould, Woodbury.
district. For writ Of certiorari. Writ dis
missed.
Chicago. Milwaukee & st. Paul Railway
company, appellant, against Monona
county, Monona district. Suit to restrain
assessment for drainage ditch. Affirmed.
j. p. Price, appellant. against J. X. Mer-
tig and one otner case. Ringgold district.
Replevin. Affirmed.
Charles H. Lindsey. appellant. against
James Booge, ct al. Woodbury. district.
Suit to redeem property from tax sale.
Affirmed.
j. b. Leader against Farmers Loan and
Trust company, appellant. Woodbury. dis
trict. Action to recover damages for wrong
full attachment OF property. Affirmed.
II. T. Scott, appellant, against c. @.
Naacke, ct al, Lee district. Action to test
sufficiency Of general petition Of consent
to sell liquor. Reversed.
Religious Awakening In Iowa.