Omaha daily bee., 1909-12-28
KEWTON'S CASE THROWN OUT
Board Of Public Lands and Buildings
Holds it Has no Authority.
GOVERNOR RAISES THE POINT
Attorney General Finds Law SO
ChanEed-Newton Appeals TO
County AttOrney-Prepar-
ing New Case.
Trom a staff Correspondents

point raised by Governor Shallenberger de-
cided It was without jurisdiction TO hear
the charges made by Felix Newton against
superintendent Woodland Of the Lincoln
Insane hospital. The case was thrown out
OF the ground that the law had recently
been changed TO give the governor sole
right to remove employees Of the state
institutions and there was therefore doubt
as to the Jurisdiction Of the board to hear
complaints.
The entire afternoon as spent discussing
the case and comforting with the attorney
general when Governor S"haIenberger raised
the point. Mr.. Thompson. after carefully
examining the Law, came 10 the conclusion
there was doubt at least Of the authority
Of the board in the case and the board
decided to take no chances.
Newton at once consulted County At
torney Tyrrell in the endeavor to get the
case IN the courts or the ground that
superintendent Woodland was guilty Of mis-
appropriation Of certain state funds. The
eounty attorney did not give a definite
answer, but told Newton to prepare his
case and II It could be supported by compe-
tent witnesses he would file it.
V Newton has had difficulty with his wit
nesses and anticipated trouble in securing
testimony In = hearing before the board.
In a court hearing he thinks compulsory
process win bring them on the witness
stand ~ least
S. c. O. Grosh, father Of the girl who
died as the result Of an operation for
which Everett Edwards is now serving a
term in the state penifentiary has pro-
tested TO the governor against granting the
mar a communication. The protest was
served on the governor by w. M. Maupin,
who told the governor that Mr.. Grosh came
20 Nebraska a pioneer printer, from the
east and located on a homestead eight miles
from Ksarney. He was the father Of a
large family and every Monday morning
he walked TO town and worked in the
printing office and on Saturday night
walked back to the homestead trying to
make a living for his large family.
Finally he moved to Kearney where some
time later Edwards appeared on the scene,
with the disastrous results already enum-
Grated At the hearing Of the applica-
ton for executive clemency a number Of
women were present and applauded when
n good word was said for the convict.
y. O. Wood, a travelling man who has
been experimenting in the growing Of to-
baeco in Nebraska called at the office Of
the governor this morning and showed him
samples OF the weed which he had grown
near Hastings, Colonel Woods said there
is no reason why good tobacco, both for the
pip and for cigars, cannot be grown in this
state. He experimental with several diff
ferent kinds and has demonstrated that
Nebraska soil and climate will grow as
good tobacco as can be grown in Virginia
or Kentucky. He desires the governor to
get the farmers interested in growing the
wted.
Secretary Of State Junkin was authorized
by the Board of Public Lands and Build
ings today to investigate the purchase Of
lumber and marble by Superintendent ].
r. PScival OF the Norfolk asylum.
ID. A Jones, foreman employed by the
state to Eupertntend the construction OF a
barn at the asylum, reported 10 the board
that q carload OF lumber had been received
at the institution from wettling. Okl., and
that IL Was not in shape to be used In the
construction Of the barn. The receipt given
by the railroad company for the lumber
showed that 1t had been shipped by DR..
PecivaL.
On the ground at Norfolk there is also
some 1A.O0O worth of marble which the board
said II had not ordered. DR.. Pecival in
formed the secretary Of the board this
marble had been bought upon orders from
Land Commissioner Cowles. Mr.. Cowles
showed the board. his letter file which
bowed that he had instructed DR.. Pecival
70 secure bids for the marble, but he de-
MED thAt he had ordered its purchase.
Mr. Junkin and Architect Berlingof will
anvestigafe the matter and make a report
70 the Board
Guy Wire in the Way.
The smoke stack at the home for the
SriendleEs was blown down this morning
and fell across the green house, breaking
a Rwafrh ahniff fvpap1x Co. ~ -
the top Of it An investigation showed
that . driver OF a coal wagon had united
one of the three guy wires which supported
the pipe leaving two wires. When the
wind blew q little strong the pipe toppled
over The board intends TO negotiate with
the man. who, SO the coal for the cost
OF putting up the pipe. II is Of steel and
about sixty feet In height.
for Telephones.
h State Railway commission has,
ordered tbs Missouri Pacific railroad TO
install telephone in its stations at Burr.
Louisville and Cook by January 8. or ap-
pear before the commission January p and
show cause why 1t failed to do so.
b railway commission has given per
mission to the Northern Antelope Tele-
phone company TO issue stock to the
amount of 5000
AHOE commissioner MGupln IS again
having trouble with the union label. or
rather, the absence OF It At the letting
OF contracts for printing supplies for the
state departments Mr.. Maupin specified
inst his printed supplies should carry tbs
union label The York Blank Book com
pSny secured the Oontract and it does not
use the union label
A representative OF the York firm was
here today and was Informed by Mr.
Maupin that IL he did the work he wouIa
not be able to get his pay until he foprb,
Tor 1t There the matter rests.
Evidently there is plenty OF money auoo.
the charity organizations in Lincoln. The
salvation Army put around a tthe various
stores little boxes for the reception n,
donations OF money TO pay for a dinner 10
the poor on Christmas day. The represent
AuVes OF the army failed 10 call for the
Doxes In many places. So either som one
went without that good dinner or the army
collected 50 much money IL was not neees.
sery 10 take up the boxes.
f0u can give Chamberlain conzb Perm.
cay a. confidently TO a babe as 70 an adult