Omaha daily bee., 1909-02-21

in the district court to compel the road to
furnish him with fifty cars at the rate Of
five per day. The court issued the writ
and the railroad COMPANY appealed.
The supreme court reverses the Judgment
Of the lower tribunal and I'm the opinion
handed down finds that the railroad com
psny so distributed iss cars that the empties
were ordinarily retained on the division
where they were unlcaded until they could
be loaded. II also preferred shippers OF
grain, II evstock and other merchandise
over shipments of hay located at nom
competitive points. During the hay block
AIDES in Omaha and Chicago It withheld
cars from hay shippers. which is held to
be an unlawful discrimination
However. the road showed that at the
time Dobney applied for his mandamus
there was a general shortage of cars and
that he was only entitled to a just division
Of TIE empties that should have been APP
portioned to his stetion. The order is
reversed, but as the defendant was in some
measure to blame 1t is ordered to pay the
costs.
Hastings Licenses Cancelled.
Hastings Is a dry town so far as the
liquor licenses of John Rosenberg. John r.
Freitag, John Curry. Paul Schissler and f.
]. Neylon are concerned.
A decision affecting this drouth was
handed down in supreme court Saturday
morning, the licenses OF Rosenberg, Curry
and Schissler being declared void because
there was not satisfactory proof that their
petitions contained the names of the requi.
site number Of freeholders.
The court holds that Alexander, a coun-
Gilman, was disqualified from voting on
the issuance OF any license because he had
signed the petition of Jansen & Freitag,
although his signature was erasted after
Rorher, the complainant, secured a photo
graph Of the signature. Alexander's vote
tied the council up so that Mayor Miles had
to decide the matter. With Alexander dis
qualified the council would have been
against the Issuance OF a license.
Tn court reverses the decision of the
district court OF Adams county, which up
held the issuance Of the licenses by the
council. and directs the council to cancel
the licenses.
Lincoln Hotel Water Case.
A. L. Hoover & Son will not be COM
PEELED to pay to the city Of Lincoln the
sum Of Sc. 2OS. 70 for water used at the Lindell
hotel from September. 1904, to August IS.
1906. The supreme court this morning
handed down an opinion affirming that of
the district court. wherein the city was
given a judgment OF $50, each party to
pay its own costs. This is the amount,
approximately. which was rendered by the
Hoovers.
Mayor Brown I~ntervenes.
Mayor F. ". Brown has filed a petition
OF Intervention in the suit Of Charles II.
GuuolI0Uw nu,a.-A a. At
company. He asks the district court to
permit him to join in the suit against the
company in which an INDUCTION is sought
to prevent the payment of some creditors
OF the company in preference to other
creditors and to have. a receiver appointed
for the company. Mayor Brown was owner
OF the lincoln Sash and Door company be-
fore the concern was taken over by the
Eureka Manufacturing company and 1t is
the liabilities and obligations of the sash
and door company and the question of the
validity of its purchase that seems to be
causing the trouble between the stock
holders of the manufacturing company.
Mayor Brown says that he owns 5000
shares of the preferred stock of the COM
pany and is entitled on those shares to
participate in the MANAGEMENT of the COM
pany. He says that the majority Of the
stockholders have refused to allow him any
part in the management OF the D
or to vote at the recent election of off,
GERS. He declares that the claim of the
defendants that the purchase of the sash
and door factory was f~raudulently or Sc
cretly made Is not true and that the COM
pany is bound to assume the obligations
and to recognize the interests OF those who
got shares of stock in the manufacturing
company in return for their interests in the
factory.
The suit was brought by c. H. Swallow,
former president OF the company, who
claimed that the majority stockholders had
refused to allow holders of preferred stock
any vote In the affairs of the company and
had repudiated the obligations Of the COM
pany assumed at the time the sash and
door factory was bought. The degree of
the present officers Of the company is that
the purchase OF the factory was the result
OF a secret transaction between Mr.. Brown
and Mr.. Swallow and they were not bound
by It.
The hearing today was on the motion to
dissolve the restraining order to prevent
the officers of the company from disburs-
ing any money OF the company or dispose
Of any property OF the company untl the
case should be tried.
Telephone Hearing.
The railroad commission met this morn
ing and a good part OF the day was put
in hearing the nAtelope count telephone
case. 1t Is expected a ruling will be made
in the matter forthwith. This is a Ques-
ton Of switching charges between the An
telope County Telephone company of Elgin
and the Cedar Mutual company Of Oakda1e.
They nave been giving free switching serv-
ice in the past, but lately the former
company has added 800 phones to its equip
ment, giving It 800 in all. and heightened
its service to twenty-four hours a day in
stead of fourteen. as formerly.
With these additional improvements IL
asks the commission to allow 1t to charge
80 cents instead of % cents per month for
switching services on farm lines, also that
the Cedar Mutual be made to do what
is right. The commission Will allow pay
from the latter company for switching serv-
ices by the former, but the amount must
be determined by the telephone people
themselves. II they canno agree on this
matter, then most probably the Elgin COM
pany win be allowed to cut off from ex-
changing.
Royal F. Brewster was struck by an
unliRhted at the corner OF Sew