Omaha daily bee., 1909-09-12
Nebraska
BRIEF IN NORMAL CASE
Attorneys Come Into Court with
Argument on New Law.
STATE FAIR COMES OUT WELL
In Spite Of Decreased Receipts, Due
60 Rain, No Deficit ia Likely
I'm Treasury as
stnnds.
From a staff corresnonasntA

LINCOLN. Sept. u.-(Special)-The brief
Of the state wherein the attorney general
Is testing the legality OF the act passed
by the late Legislature which created a
new state normal board. was filed In the
supreme court today. Attorney General
Thompson and e. c.. Calkins appearing
for the state.
The brief contends that the act is un-
constitutional because II is contrary to
the provisions OF the constitution, which
provides that no act shall contain more
than one subject, which shall be set out
In Its title. II contends that the subject
of the bill Is not contained In it's title and
that the amendments are not germane to
the original act. The amendments even
provide that the persons appointed to the
board must be men Of standing and edu-
cation. This provision. the brief said.
serves no purpose except to indicate what
kind Of men the governor might appoint
unless restrained. Under the simpler policy
the title OF American citizenship was a
sufficient qualification for any officer.
The attorney general discusses the fol-
lowing points:
The bill contains more than one subject
and neither Is expressed In the title.
The act in question violates the constitu-
tional provision that no law shal be
amended unless the new act contains the
section or sections so amended.
The brief argues there is no misjoinder
of action and that T. J. Majors is not ELI
Eible to serve on the board. even II the act
&c held to be constitutional, which the brief
Says does not seem probable.
fThe appointment Of Colonel Majors, the
brief says. is in violation Of that section
of the constitution which provides that no
person elected to the Legislature shall re-
ceive an appointment to a civil office at the
hands of the governor and senate during
the term for which he is selected.
Fast Train Schedule.
The fastest train schedule on file with
the Railway commission has been fgled by
the Union Pacific, which shows a rate Of
800 miles an hour, including stops, between
Council Bluffs and Denver. This is train
No. II and the trip is made in 1416 hours.
No. 16, the east-bound train, has a schedule
of SS.e miles an hour, including stops.
No Deficit NJ Fair.
Though the receipts OF the state fair this
year amounted to $4,000 less than a year
ago, all expenses of the fair will be paid
and there will be no deficit. The receipts
this year are estimated at $4,000. against
$4,000 for 1908. The expenditures will take
ARbout all OF the receipts.
Inasmuch as the fair was favored with
4 good weather for only two or three days,
the remainder of the time It having rained,
the board feels very gratified at the way
the people turned out to save the day. The
board win have practically nothing to 60
on now for permanent improvements which
It expected to make before the next fair.
Building and Loan Grows.
Secretary Royse of the State Banking
board has completed the compilation Of the
reports Of the building and loan associa-
lions for the year ending June 30, 1S0e,
which show a material Increase in the
amount of business Of these associations
Following is q statement showing the in
creases and decreases in the assets and
liabilities Of the building and loan associa-
lions Of the state of Nebraska during the
fiscal years ending June 30. 1909:
ASSETS