Omaha daily bee., 1909-09-30
Nebraska
SURVEY MUST WAIT
Land Commissioner Sees a Chance to
Save Some Money.
GOVERNMENT MAY DO THE WORK
Bonding Companies Go Into Court TO
Restrain Operation Of Law Fix
ing the Fees for that Class
of insurance.
(From a staff Correspondent

" OH n CldLl correspondents
LINCOLN, Neb., Sept. 29.-(Special)-
Notwithstanding a petition from Dundy
county landowners the state land COM
missioner will not carry out the provisions
OF the act OF the last Legislature for a
resurvey of a north and south line through
Dundy county until the government is
given an opportunity to comply with an
act Of congress introduced by Congressman
Norris. BY a little more delay the county
Of Dundy may get a more extensive re-
survey from the general government and
the state may be able to save the funds
appropriated by the legislature for a lesser
resurvey.
The act of congress call for a resurvey
Of the disputed line and also a resurvey
OF several townships in Dundy county.
Congressman Norris thought he was doing
a favor to the people OF Dundy county
when he got this act passed and he is
much surprised now to find that many
residents Of the townships interested have
signed a petition to proceed with the pro-
posed state resurvey Of the north and south
line. He thinks the people interested do
not fully understand the situation. or they
would not have signed the petition to pro-
coed with the proposed state resurvey of
only one line. The legislature appropriated
w. ~ $3.50 - NNN AAAANH @AAAo y
will not be sufficient to pay for the work.
The act Of congress contemplates a resur-
vey Of several townships and would be Of
more benefit to the interested parties. Con-
gresham Norris says Mr.. Sweitzer, an ex-
pert employed by the general land office
at Washington, is now at work in another
part of Nebraska and as soon as he is at
liberty he Will make an Investigation of
the Dundy county situation and announce
what the government is willing to do. He
asks that the state await this investiga-
ton, which can be made this fall. II the
government resurveys several townships the
work cannot be done this fall, but the con-
gresham is certain the government work
will be more satisfactory than the state re-
survey of one line.
Lininger Sentence stands.
The two years sentence of Leonard
Lininger Of Pierce county for assault with
intent to do great bodily injury has been
approved by the supreme court. The de-
cision was withheld until Lininger, who
was at liberty on bail, had been taken into
custody. One Of the errors assigned by the
defendant was that the trial court refused
to sustain a motion for a new trial on
the ground of newly discovered evidence.
Judge Root wrote the opinion Of the
court. Chief Justice Reese and Judge Faw-
cett were absent and did not sit in the
case.
More Telephone stock.
The State Railway commission has given
permission for the Polk County Telephone
company to increase it's capital stock
from $66, $50 to s74,S75 for the purpose of
paying an Indebtedness incurred in the
building of a line and for extensions of
lines. The Howard County Telephone com
pany is permitted to increase Its capital
stock from s24, 900 to $4,000 for the purpose
of rebuilding some lines and paying float
Ing Indebtedness.
Bond Companies in Court.
Alleging that the Nebraska law empow-
ering a state board to fix rates of bond
ing insurance is class legislation and a
transgression of its constitutional rights,
the American Surety company is skiing
Judge T. c.. Munger in United States court
for a restraining order against Governor
ShallenbeTger, Attorney General Thompson
and Auditor Barton. Its lawyers appeared
this forenoon to present their side of the
case, the state being represented by At
torney General Thompson and Assistant
Attorney General Martin. The hearing was
continued in the afternoon.
1t was argued by the corporation coun-
sci that the law could not be valid be-
cause 1t singled out surety concerns from
all other insurance companies. This was
held to be special legislation prohibited