Omaha daily bee., 1909-02-03

In conclusion Mr.. Thompson says II is
respectfully submitted:
Firgt-Thaf in TINS action by the state 10
prevent the defendant from e&AclIhE ounl
peusatiun in excess Of the rates LIulLeu
nv statute, the existence OF Inc sLhLult
ana the Attendants refusal 10 comply viii
its terms make 3 prtma Iacle case ~
favor OF plaintiff, since the stHIu.e As pre-
ssc1n5-In ms suit by the state 10 pre-
vent defendant from charging rates IN e1-
cess Of those fixed by law, The leE1lIhous
that the operating expenses OF os1enohhl
mae me statutory rates. would deprive
IL of the right TO proper earnings Is lhsuI-
ficient to overturn The statute. where the
nature and necessity OF Important l1sMs "
expense are not disclosed.
Third-The statute reducing express rates
cannot be set aside as conf1scatory or
testimony which fails TO show tht effect o.
the reduced rates on new business Inc
having failed 10 make such SNOW
ing il becomes unnecessary 10 examine lhs
testimony offered by the state,
Fnurth-A rate statute should never ne
sci aside without The fullest disclosure On
all material facts, and The statute REDUCING
express rates should not be set aslue a.
epufiRrafory on testimony OF Defendant thal
n would he compelled 10 do Its busineHs 81
q loss under the new rates. Where me les
rimonv is based on operations unoef Inc
old rates, and evidence OF actual opera
ftons under me new rates show a profit.
Filthy The use OF reasonable ana JUS
methods for RpportiOninE Operating eA-
penses between state ana lnlersLslt DUST
ness, the rates fixed by the legislature IN
controversy are shown by actual trlhl Ior
SIX months TO be amply remunerative.
SiXth-Ths penalties provided Tor IN Inc
sibley act are not SO drastic as 10 render
the act unconstitutional, ana II the pen
Rities were Unconstitutional they would moi
invRidB1e the remainder OF the acL tMh-
COX against Consolidated Gas company OF
New York. decided by the United States
suprems court January 4 1SOS)
Sevenrh-The amount OF taxes paid by de-
fendant ompany constitutes no corfecs
basis for the measurement OF the value OF
the property devoted 10 the express busi-
ness.
Frank Shsarnn Of Santa Fe, y. NJ, has
been appointed postmaster at that place
Mr.. SheHrun was at one time court re
porter for Judge Lection when the latter
was on the district bench, He left Ne
hrasks for New Mexico some years ago
because OF III health, and since going there
mas been chief clerk in the office Of the
land commissioners, and when appointed
ustmaste ne was assistant attorney gen
sral OF the territory. A Santa Pc paper
has been received by Judge Lection with q
column siory about the rapid rise Of TIM
young NebrRskRn.
Receiver Ia Asked For.
Alleging that the officers Of Inc Eureka
lhAAAaAANA AHE AAAAAf1Ae A1NE eAA11+a ma
managed the affairs OF the cumpsny; that
they have drawn eKurhitEnt salaries for
nominal services. that they hsve flowed
unjust judgments 10 be taken against thc
company: that they nave diHsipRted the as
sets OF the company and allowed the bust
ness 10 run down until the organization Is
now IN poor finHncial condition, Charles H
Swallow, former president Of the company
mas secured a restraining order against the
present officers 10 prevent them from pay
ing some creditor OF the company in pref
ersnce 10 others
M. Swallow Blsp asks the district court
to Hupniut . receiver far the ompRny 10
manage its affairs and pay of its liabilities
in proper order o. preference. The hearing
on the restraining order VIII be held he
fore Judge A J. Cornish next saturdRs
morning e. which time one OF the most
important legal contests Of the present term
nf court viii be begun
The company is capitalized for 500 zoe.
The total value az its property seems 10 be
entirely uncertain and IFS liabilities arc
said TO exceed $40 00O. CONNECTED with Tx
concern are q number OF the best known
business men Of the city and ttE affairs
seem 10 be in considerable confusion. The
present company Wa formed for the pur-
ENRAN VA ANE 1AAh EtAAAAE e pa
ented grain grader. u took over the Lin
coin Sash and Door company. with Its es-
lshlished factory here. and the question OF
the liability OF the present onIps for thu
debtE OF the sash and door company IL one
Of confusing details OF the case.
The plaintiff IN this case was p-esidLnt
and general mHunEe q the mpa fni
a time. Tie was also q Htnckholder Of the
sash and door company ana as such claims
that he If Liable for the Indebtedness Of
thai company. II n II not psid by The CON-
many that took over its business. property
and affairs.
Purchased the Pasend-
The petition states that when the com
pauy was organized a few years zro II
had az Original capitalization Of s5s. mo
OF this amount 200. 80 shares were issued
IN exchange for the patent for the grain
grader that the compaHy vas organised lo
manufHciure and sell The patent was val
tee a. Nhe0 which Wuuld make the pur-
.chuEs value ~ the o0-asur shares 10 cent?
q SHARE In August Of 1907 ths rspitaIizn