Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-17


the bienniurn, according 20 figures compiled
By State Land Commissioner Cowies- No
vember 20 the proportions Of the biennial
appropriation 70 have expended was 81
per cent The following shows the per
centare Of each insHtuton's appropriation
that was expended November %:
Lincoln asylum .......................... US
Hastings asylum ..'.s...'..''..'.''.-.' -. -
Norfolk asylum ;''.'''''''''-- 5Sss
3. a S. home. Milford ...-......-..---.... 80 80
Boys Industrial school ............-.... MI
Girls Industrial school -......-----...-. 80
Industrial home, Milford ......-......'. 80 80
Feehle-n1 nded 50
Orthopedic hospital .-.....-.......-.-.-.-l-u'os
Omaha viaduct Case.
The final hearing IN an Injunction brought
by the Missouri Pacific Railroad company
20 have the city Of Omaha restrained from
proceeding according to the proviaions OF
the city ordinance 70 compel the railroad
20 build a viaduet across its tracks AZ
Fortv-fifth and Dodge streets was IN prog
ress this morning before Judge T. C.
Munger Of the federal court The in5unc-
ton was originally brought IN the Omaha
division OF the federal court before Judge
w. r. Munger but owing TO the fact that
he has been called 70 st. Louis 20 sit in
several cases which are now before the
United States circuit court OF appeals, the
final hearing Of the case Is taking place
in the Lincoln division OF the court
The city OF Omaha has for a long time
been trying 20 compel the railroad 70 build
such a viaduct on account Of the fact as
the attorneys for the city allegs, that the
intersection Of the company's tracks with
the street have rendered the highway dan
gerous TO pedestrians and those who are
using the highway for purposes Of the
transportation Of traffic. They regard the
railroad crossing at that point az a public
nuisance endangering the lives and safety
Of the people who use the highway.
The main question in the controversy is
whether the mayor and the council Of the
city have the right to require the railroad
company to build a viaduct, at their own
expense OF such a character that II can
be used by the street railway company 20
run its heavy cars across
would Escape Paying All.
The attorneys who are appearing for the
city in the hearing contend that the pres
ence Of the railroad tracks at this point has
made the highway unsafe and that they
are under the legal and moral duty to re-
store a street surface which will be just
as safe and which can be used by all the
people and for all the classes OF traffic
for which II was rightfully used prior to
the time that the tracks were put there
This they say. can only be accomplished
by the building of a viaduct across the
tracks for the use OF the usual traffic on
the street and for the street car company,
which transports something like 30 per cent
Of the people who ride on the street
In view OF the many decisions which the
United States supreme court has handed
- . he
Missouri Pacific. Mr.. Brogan. admits that
the company Is bound 10 build -viaduct
suitable for the use Of ordinary traffic
and pedestrians. but he Is arguing that the
railroad should not be compelled to pay
the entire cost of building a viaduct OF
such size and character to permit the
street car company TO run thirty-ton cars
across Il. The railroad company contends
that street cars are not usual or ordinary
attributes OF the highways traffic and that
the street car company should bear a share
Of the expense Of the construction OF such
viaduct II they are TO be permitted to
use H.
The question raises some delicate points
OF law and IL being hard fought by both
parties to the case. Several accidents have
occurred AZ this crossing In Omaha during
the last few years and the city desires to
as TO eliminate the danger which now at
tends those who use the street
No Dollar Gas Yet.
lincoln gas consumers viii not be given
dollar gas. as a result OF the signature OF
waivers Of refund claims by 90 per cent Of
the patrons of the lincoln Gas company
After two weeks Of consideration the east
ern stockholders Of the company today
notified Manager Adams that the proposed
reduction would not be given.
Golfer breaks Records.
Francis NJ. Golfer OF AcCook. who sue
eeedsd Arthur Mullen as state oil inspector
has broken ali records in the matter Of
total collections. During the month OF No
vember the total collections OF the state
oil department In the form OF inspection
fees amounted to sLsf240
Protest Car Fare Raise.
Protesting aSa'pst an increase In street
car fares 60 8 cents straight a committee
representing the South lincoln Protective
association appeared this forenoon before
the State Railway commission. In support
OF the claims OF the company that six for
q quarter is too low. there was presented
= tabulaton showing that the company
had a deficit OF s. ssh for a period OF
GAalA Nt4AAAAe NlA0AAA ANANNrE 81 the Ue-
felt including the payment OF interest on
bonds, interest on bills payable and divi-
bends on preferred stock. The committee
Of citizens comprising Z. A. Carr, Fred B.
Humphrey. Z E Wolf. W. @. stamm and
+. d. Swab, presented throNsn Mr.. Wolfe
= statement aiken from the annual report
OF President sharp TO stockholders. OF the
money, showing that since June %. 1905
the passenger traffic had increased I24 per
cent the car mileage had decreased as per
cent and the number OF passengers per car
mile had increased II per cent The com
mittee sought 70 show that a low rate
Increases traffic and that the consolidated
company had decreased its car mileage
by doing away with duplicate lines in some
instances. 10 WAS oontended that the mile
age operated under the consolidation Of
the Citizens and the Traction companies
e. practically the same.
Oppose Expert Testimony.
The abolition OF the so-called expert med
zeal testimony by the creation Of spe-
cial commission for such cases as may
involve special medical questions Is one