Omaha daily bee., 1909-09-25
Nebraska
TESTING RIGHTS OF CLUBS
Argument in Supreme Court on Sale
of Liquor to Members.
CONTEST OVER POWER RIGHTS
Complaints Filed Against Fifteen
Lincoln Merchants on Charge of
Selling M~isbranded Pack
ages " Food.
(From a staff Correspondent.l

LINCOLN, Sept. 2~4.-CSpecial )-Argument
in the Gipson case was heard by the su-
preme court today. The suit involves the
right Of a club to dispense of intoxicating
liquors to its members in the face of a
ruling by the Lincoln excise board against
the practice. As the suit involves all Of
the principles of law bearing on clubs that
dispense liquors as an incident to such
organizations. the decision In the suit may
decide the future action Of all clubs in
Lincoln and other towns or cities where
the licensing boards refuse to issue licenses.
r. J. Greene appeared for the Gipson club.
With him were T. ]. Doye and E. c.. STROBE,
who made addresses as friends of the
court" The prosecution was represented
by T. r. A. williams and c. c. Fansburg.
Rev. S. z. Batten and Thomas Dsrnell,
who are interested in contests against the
open saloon in this state, were present In
the court room to hear the argument. For
mer City Attorney John NJ. Stewart was
also present. Mr.. Williams, who was deputy
city attorney when the case started, made
the opening argument
Contest over water Power.
The original claimants of water power
privileges on the Niobrara river nave asked
that all filings be rejected by the State
Board Of Irrigation and hat a new filing
be approved. The bone of contention Is a
fine water power at the town of Niobrars
Several citizens of that town years ago
formed a company and called it the Ne
braska Irrigation, Canal and Power COM
pany. II filed an duplication July l, 1902,
for water for both power and irrigation
purposes, but it is understood that power
is the principal object of the organization.
This original application lapsed and was
cancelled by the State Board of Irrigation
April /, 1908. A. c. Koenig Of Omaha, who
acted as chief engineer for another organi-
eaton, filed an application covering the
same power site. He left the name of the
applicant blank and used his own name as
chief engineer. The time to begin work on
this project under the Koenig application
lapsed at midnight September %, and on
the following day the original claimants
filed a contest against the Kienig applica-
ton and made a new filing in the name OF
E. L. Kirth Of Sioux City, Ia, asking that
all prior applications for water be dismissed
by the state board. A hearing will be held
by the board October I. 1t is reported that
the company that first organized failed to
obtain capital to back it's project and for
that reason did not do any work. 1t Is
now prepared to begin construction.
Hearing on Sheep hate'
The complaint Of State Senator Oscar
Thompson Of Wisner for a reduction of
the minimum weigh of car loads OF sheep
was set for hearing at 2 o'clock this after
noon before the State Railway commission.
The complainant alleges that the North
western railroad has its minimum weight
too high and that he cannot load up to 1t
end is therefore required to pay for freight
which he never shipped. He also alleges
that the minimum weight rule of the
Northwestern is a discrimination against
shipments Of sheep and in favor of ship
merits Of cattle.
Complaints Against
In conformity to the request of the state
food commissioner, County Attorney Tyr
rell filed complaints this afternoon In the
courts Of Justice SteN ems and Bacon against
fifteen local merchants charging a viola
ton Of the pure food law by misbramding.
Fifteen complaints were Issued. The names
of the defendants are as follows:
Fred Schmidt, 9l7 o street; J. r. Bur.
leigh, 2S7 South Eleventh street standard
Meat company, 1905 o street; Fred Weight,
lis South Ninth street; Johnson & Beck
marck. 245 South Eleventh street; Jacob
f. Lichtensteiger, al South Tenth street;
Freadrich Bros, 12 South Thirteenth
street, SbOt iuNN biONNl9 -" '''N'l
Twelfth street: John GeslaCh, Tenth and
P streets; Nebraska Grocery and Meat
company. 1896 o street; J. r. Burleigh, l2l
North Fourteenth street; ]. w. Wolfe, 22e
North Tenth street; ]. r. Burleigh, $50
North Twenty-seventh street; Venner Il
Son. $50 North REIMBURSEMENT street; Au-
gust Lundholm- 100 South Twelfth street.
o. j. King, 112G n street.
Reward for Escaped Prisoners.
Sheriff Hoegland has offered n reward
of SOS each for the apprehension Of the six
men who last night made their escape from
the county jail. Cards were this morning
mailed to officers all over Nebraska and
surrounding states giving the descriptions
Of the refugees and the sheriff Is reason.
ably certain that some, II not all, Of The
men will eventually be recaptured.
The officers are still inclined to think
that the bars and screen on the window
were sawed from the outside. but Brown
the prisoner who is charged with horse
stealing and who refused TO accompany tn,
other men, states that it was all done from
within.