Omaha daily bee., 1909-09-08
Nebraska
BRIEF IN THE NORMAL CASE
Respondents Insist There is a Mis-
joinder in the Action.
MANY VISITORS TO THE FAIR
In Spite Of the Mud and Rain All
Trains Coming TO LincOIn Are
Loaded and Crowds visit
the pun
From a staff Correspondent

From a Staff Correspondent
LINCOLN, Sept L-(Special)-The brief
of the respondent in the suit wherein the
attorney general is seeking to have the SUI
preme court declare unconstitutional the
law which created the new State Normal
board. has been filed by Clark n Allen of
Lincoln and w. d. Oldham Of Kearney. In
his suit the attorney general declares the
law creating the board unconstitutional and
the appointment Of Colonel Thomas j. Ma
jors to membership on the board illegal be-
cause Colonel Majors was a member of
the legislature which enacted the bill and
was still a member at the time of his APP
pointment.
The respondents contend that the petition
Of the attorney general does not state a
cause Of action and that there is a mis-
joinder Of causes Of action.
In a discussion Of the question Of a mis-
toinder of action the brief says the foun-
dalton of the cause Of action against all of
the defendants is that the act Of the legis-
nature in invalid. The foundation for the
cause of action against Colonel Majors is
that the act is invalid. II the cause Of &C
ton against the respondents Jointly Is sus-
tanned. the brief says, 1t destroys the
foundation for the cause of action against
Majors. II the act is demonstrations
there is no office, then the respondent Ma
Tors, cannot be charged with holding Of
flee in violation of the statute To prove
the violation Of section Ii, article III, OF the
constitution It must be proven there is an
a~ppointive office in existence which a mem
Der of the legislature is holding by APP
pointment.
People Coming 20 Fair.
The peopIe of Nebraska are not to be
cheated out of their state fair by a little
rain. that's very certain. Trains that
came into Lincoln last night were crowded
TO the guards and so we're the trains today
While It was muddy on the fair grounds
and muddy in the streets in Lincoln the
crowds seemed to have a good time Many
Of the people flocked to the state house
visited the various offices and paid thei
respects to the state officers, who in turl
ouit business in the afternoon and wen
Fight for offices.
A Rig fight is scheduled to occur at tn,
meeting OF the American Order OF Pro
lection. which meets here next week. TIL
fisbt will be between o. c. Bell, presen
supreme secretary, and c. P. Gaylord
supreme Judge Of the American Orde
, company. Both want to be supreme sec
retary. The American order compan,
was organized by officers of the America
order of Protection and afterwards 10
a stated amount did the field work 70
the last named company The administra
ton officers of the Order Of Protectio
desire to continue In office and with Gay
lord several Of the minor officers will b
5 lined up for better places, a member froI
E Denver being boosted for supreme con
! mander.
ewt Sees a New LiEht.
. Felix Newton ~bookkeeper at the Lineol
asylum, though he failed to register
kick when the superintendent's fami
entertained a company OF thirty or fort
. he did kick when Miss Hannah Kelle,
superintendent of nurses, had her sist'
Y visit her. When Miss Kelley's pay chez
O for $50 was ready for her. Newton d
a manded of the board that IS be deduct
for board for her sister, who had BEE
her guest for a day or two. The boa
has taken no action on the request.
Get Pay for Coal.
J. The Union Fuel company of Lincoln W
r shortly get it's money for a car of CO
1t said 1t delivered TO the Lincoln asylu
u last March. Bookkeeper Felix Newt
re insisted to the board that the coal h
E. not been received at the institution,
the board refused to order the warra
issued. Today the voucher was receiv
Is at the state house signed and approx
by Superintendent Woodland, less some 81
~ which Newton insisted on deducting. Ne
is ton was at the state house this afterno
n and he still insisted that the coal h
not been delivered. The coal company III
statements from the railroad company I'll
: the coal had been delivered.
Of Neutrality-suspicious..
es ]. e. Mckinley, a prominent citizen
RS Douglas, and Miss Helen Stetter of :
st. cumseh were married at the cathedral I
I'm morning by Father Bradley. They W,
r. attended by George Mckinley of Ogalal
ce a brother of the groom, and Miss Flynn
ok Douglas. The newly married couple '
ma visit the Seattle exposition and the
N; clfic coast on their honeymoon.
More Spinal Meningitis.
. State Health Inspector Wilson today
ceived several more reports of cere
Il spinal meningitis affecting persons at +
Creek, Ulysses and other points. While
Langfeld of Omaha is quoted as hav
said the disease is not cerebro spinal m
nights, DR.. Wilson, from the reports he
receiving, has no doubt of the correct di
nosls by the local physicians. During J
eighteen deaths were reported to the
spector and while the reports for Aug
have not vet been compiled II is belle