Omaha daily bee., 1909-10-02
Nebraska
SUIT TO DISSOLVE MERGER
County Attorney Attacks Lincoln
Street Railway Deal.
ASKS SECURITIES CANCELLED
Frank Y. HeIvey Receives His Come
mission as Census Supervisor,
but VIII Not Go TO work
at Present.
CANCELLED
SECURITIES {
(From a sax Correspondent.l

From a Staff Correspondent)
LINCOLN, Oct. 1-(Special. )-County At
torney Tyrrell today began proceedings be-
fore the State Railway commission, the OBJ
ject and purpose being to dissolve the
merger Of the Lincoln Traction company
and the Citizens Railway company, which
was contaminated February 8, last; the
cancellation of all stocks and bonds issued
subsequent to such merger; to compel the
company to render better service and treat
the public and its employees with more con-
sideration and TO bar 1t from transacting
any other business thar that provided for
In Its charter.
The second cause Of complaint recounts
the terms Of the merger and the issuance
Of stocks and bonds to the amount Of
5000, 900 against property which is declared
to be worth but 81, 4Os, 2S0. 1t is declared that
in order to pay dividends on these stocks
and bonds It will be necessary for the COM
pany to render adequate service, and to
overwork its employees.
The complaint makes the following allie
cations:
l. That the pretended merger of said
properties be cancelled and set aside.
2 That all of the stocks and bonds is
sued subsequent to said merger and upon
and subsequent to the third day of Febru-
airy, 1903, be cancelled and set aside.
8. That said company be required to rem
der adequate service to the public, using
safe and modern equipment and to run
cars at proper intervals and to treat the
public and their employees with considera-
ton.
4 That said company be detained from
conducting business other than that pro-
vided for in it's charter.
8. That the costs Of this action be taxed
to the defendant.
The Traction company is given fifteen
days by the commission in which to answer
the complaint. of County Attorney Tyrrell.
Thereafter a date will be fixed for the
hearing and arguments.
The county attorney bases his action
upon the state constitution and the rail-
way commission acts as the latter was
interpreted by Commissioner Clarke, in
the opinion written by him in the case
brought by the city to prevent the Citi-
zens' company from issuing a stock bonus
amounting to 25 per cent to its stock
holders which additional issue was alleged
to be purely water"
Census MAJ Gets COmmission.
Frank E. Helvey has received his com
mission as supervisor of the census for
the First district of Nebraska, together
with a letter stating that he will be notified
when his active duties are to begin. Hell
vey has not yet resigned his salaried
puSlllOH WIN the republican state commit
tee, and it is understood that Chairman
Hayward desires him to remain as long
as possible. Hayward appointed Helvey to
look after the committees press work and
was also instrumental in getting the census
job for him.
The thing which is likely to interfere
with Helvey's holding both places is an
announcement made by the director of the
census some time ago that any person ap-
pointed as supervisor, enumerator or clerk
who has any connection with a political
organization must sever 1t and refrain from
taking any part in campaign activities.
AS no specific time was fixed for doing
so, Helvey has not felt bound to resign
his post with the republican state commit
tee at this time. The campaign lasts about
a month longer, and It is probable he will.
take such action soon after election.
State Senator Alex Laverty Of Wahoo was
a caller at the republican headquarters this
forenoon. He says there is some chance
Of electing part of the republican county
ticket in Saunders this year, although the
county is nominally democratic. At pres
ent the only republican officer in the court
house is one commissioner.
]. e. Cobbey OF Beatrice, one Of the I'M
successful candidates for republican nom
nations to the supreme court, also visited
headquarters. He has been over the state
to some extent and believes the whole set
of republican candidates for the supreme
court and university regents will be elected.
Agent for Glen Rock.
The State Railway commission has is
sued an order that the Missouri Pacific
Railway company be directed to main
tain an agent at the station OF Glen Rock
until January /. 1910. at which time, in
the absence of any material Increase in
business, and on proper showing being
made. the railway company will be given
authority to discontinue the service Of
the said agent at Glen Rock. The COM
pany had asked leave to close the sta
ton.
Governor Shallenberger has been in
vited to attend the Ak-Sar-Ben ball at
Omaha, October 8, and together with
Mrs. ShaIlenberger will be on hand 10
enjoy the pleasures Of the occasion
Good Roads Delegates.
Governor Sh~allenberger has appointed
as delegates TO a good roads convention
at Columbus, o., October 2e to 20, Dan
gtanhena Of EramontI Mr. Tar1uyorth.,