Omaha daily bee., 1909-06-13
NEW SWITCHING FEE PUT IN
Charge Of Cent a Hundred Between
Two 0mahas on U. P.
OTHER DETAILS TO THE RATE
Are Provided by the state
Railway Commission and Action
is Result of Complaint
of shipper.
From q staff Correspondent

Of l cent per 100 pounds on all classes OF
freight with a minimum OF $1,000 pounds,
or s. a car on first, second, third and
fourth classes. with a minimum OF 5000
pounds below fourth class, or "a a car.
Heretofore the rate has been 10 cents per
100 pounds and below the fourth class 8
cents.
: This action grew out of a complaint filed
by Hoover & Allison, who shipped a car
of rope between the two places last win
ter. The firm was charged 10 cents per
100. The railroad admitted this was ex-
cesslve and asked permission to make a
reduction.
The Nebraska Telephone company re-
ceived permission from the railway COM
mission TO reduce its toll charges between
South Omaha and Bellevue to 10 cents from
Is. In filing its rates this company failed
to make this change and asked permission
to do so, to conform to the Omaha and
Bellevue rate.
C-ottOnwoods Are Doomed.
The big cottonwoods on the state house
grounds are doomed to be cut down and
all other trees in the way must come down.
All remaining trees are to be trimmed and
q put in good shape. Such is the order OF
' the Board of Public Lands and Buildings
and 1t is to go into effect before the snow
flies.
The board went out this morning and
marked for destruction those trees It con-
siders the state can do without and II also
marked the places for the electric lights
which are to be put on the grounds.
Governor SHES az Permits.
Governor Shallenberger and Arthur Null
len, state oil inspector, returned from
Omaha this morning, the governor having
addressed the high school graduates at
South Omaha last night. While In Omaha
Colonel Mummy calIad m the ~
asked him to give him Permit No. l." II
he intended to grant permits to members Of
the staff, for the establishment Of dis
pensaries following the going into effect
of the s o'clock closing law.
IF | should grant permits to members
OF the staff 1 am afraid replied the gov
ernor, there wo 'e a bigger rush to
get on the staff .ta,. there was to get
off following the signing of the S O'Clock
law"
Elgutter Pushes the Case.
Charles Elgutter of Omaha, attorney for
the lumber dealers of Omaha and Flor
ence, who prosecuted the suit before the
Railway commission for a restoration of
the old rates between Omaha and Flor
ence on building material, securing a
restoration of the rates, but no reparation
for excess charges of the past, will resort
to the courts to secure the damages. Mr..
ElButter was In Lincoln today on legal
business before the supreme court and he
announced that lie would shortly take the
matter into the courts. The Railway COM
mission refused to make reparation of
damages because it doubted Its Jurisdiction
in the case. The damages to be asked will
amount to 5000 or 5000.
Want Him Kept in Jail.
The people in the neighborhood of Cedar
Bluffs, Kan, near the Nebraska line, will
fight to a finish the application of John
r. Conner for a transfer from the state
penitentiary to the asylum. Connor is serv-
ing a life sentence for the murder Of his
wife. He has been in prison since April %,
1908. Recently his brother-in-law, a lawyer
of Denver, wrote to Governor Shallen-
berger asking that he be transferred to
the asylum.
The governor today received a big petit
ton asking that the transfer be not made
and that II Conner asked for a pardon the
siRners desired to be heard before the gov
ernor acted. Among the signers was Mrs
Lucy Rebman, mother of the woman Con-
nor murdered. In March Conner was *
amIned by the prison physician at the re-
quest Of the governor and he was reported
TO be sane.
Motion Is Overruled.
The motion Of c. S. Allen to have the at
torney general elect upon which point he
woul stand in the suit to gust Thomas J.
Majors from the new state Normal board
the having attacked the constitutionality
Rof the law as well as the right of Major:
TO be a member Of the board was over
ruled by the court yesterday. This put:
It up to the attorney of Majors TO file ar
answer TO the petition of the attorney
general, though 1t is possible he could file
other motions. In the meantime the cour'
will adjourn at its next sitting until Sep
I TENDER, which will preclude the possibility
Of a decision in the case this summer un
less extra sessions Of the court are held
Miller 4 Paine Win.
The legal department Of state will rul,
in favor of Miller a Paine in the cas-,
wherein this firm has filed a claim will
the auditor for supplies furnished the state
The auditor held up the claim pending tn
decision on the ground that j. E. Muller
a member OF the firm, was a member o
the senate which passed the appropriation
bill out of which the claim Is to be paid
The legal department will hold that It /
not contemplated in the constitution tina
an appropriation bill is a law and tina
IN cases Of this kind the constitution is no
a bar to the payment of the claim.
fire Warden In state House.
Fire Warden A. V, Johnson. Just APP
pointed, will have an office In the stat
house under the new law. Mr.. johnson
will shortly appoint a stenOgrapher and b!
the time the law takes effect he will b.
ready to move his headquarters to tn
capitol.
Phelps Must Get New Range.
! Major 3. II. Phelps Of the Nebraska Ma
tional guard, who has been using his back
yard as a rifle range in which to test tn
22-caliber rifles of the guard. will be com
PEELED to get a new range. The major ap