Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-03
STATE LAWYERS IN CLASH
Three Of Them Determined to Talk in
Bank Guaranty Case.
MULLEN IN THE CHARMED CIRCLE
Situation Recalls an Incident in the
Maximum Rate Case--Ruinor of
W. ID. McHuEh for the SUI
preme bench.

itr0m starr correspondent
WASHINGTON, Dec. Especial Teie-
gram There IS merry war between the
attorneys representing the state OF Ne
braska IN the bank guaranty cases. ell
growing out OF the appearance OF Arthur
Mullen as attorney general.
Mr.. Mullen, who has yet 20 be admitted
20 practice before the supreme court, has
concluded that he Is the proper person TO
present the case Of Nebraska I'm the guar
anty cases. which. while on call for this
week, may go over I'll after the Christmas
holidays. Attorney General Mullen Is in
Washington. as are his associates I'm the
case, I. L. Albert OF Columbus and c. o.
Whedon Of Lincoln. anticipating that the
case will be called on schedule time.
Mullen and Albert drifted into Washing
ton today with the determination to show
the supreme court that they would take
charge OF tho argument on behalf OF the
state, leaving Mr.. Whedon to hold the
sack. But as IS usual with counsel hav-
ing causes before the court they failed
TO ascertain whether the bank guaranty
cases involving laws on the subject affect
ing Nebraska, Oklahoma and Kansas would
be reached on call as scheduled, and as
result Mullen and Albert are in Washing
ton for an Indefinite period
whedOn Lies in wait.
Mr. Whedon in the meantime has taken
lodgings IN the suite Of his old law part
ner. Governor Charles e. Magoon. in the
Marlborough, a fashionable apartment IN
the northwest quarter and Is prepared to
stay all winter, or until the cases are
reached
The clerk Of the court said today;
Really you cannot tell when these cases
will be called. Certainly not this week, and
probably not until after the holidays"
Should Mr.. Whedon be shut out Of pre-
senting the case OF Nebraska by reason OF
an attorney general who has but two
months TO serve. he can reflect on the
parallel OF the maximum rate case When
O. J. Smyth was attorney general. John l..
Webster was retained TO represent the
state. c. ]. smyth invited w. J. Bryan
into the case as associate counsel The
case coming on for argument. Mr.. Webster
opened. Mr.. Bryan followed. and when Mr..
smyth arose to address the court, he was
most graciously informed by the chief Jus
tice that the rule OF the court was that
but two attorneys could appear on a side
unless otherwise agreed to by counsel and
court.
What would follow II Mr.. Whedon oecu-
pied q similar posltion7 Nebraska pauses
for an answer, In the meantime Attorney
General Mullen Is enjoying himself at the
swellest hotel in Washington.
Appropriation EARLY.
The opening Of the short session OF con-
gress next Monday will find appropriation
bills in shape for earlier action than IN any
recent year. The appropriation bills must
all originate in the house Of representatives
and the committees Of that body are now
at work upon them, with prospects OF hav-
ing several OF the big bills ready for the
first week OF the session
The river and harbor committee Of the
house began work yesterday on its $4,000
600 appropriation bill and Representative
Alexander of New York, chairman of the
committee. expects to have the measure
ready for the house within a week.
Many OF the separate appropriation bills
origtnata with the chairman. Subcommit.
tees OF that body are now IT work upon the
bill which carries funds for the legislative
executive and judicial branches OF the
government the measure providing funds
for the District OF Columbia
Both OF these will be ready for the house
before Christmas recess. The unusual
activity upon the appropriation bills Is
due to desire to have them before tn,
house as early as possible so that there
win be ample time for their consideration
The rules Of the house have been 81
changed during this congress that appro
priatons cannot be given as speedy con
Giderauon as in the past.
II Is expected the Indian bill viii hav,
passed tbs house before Christmas ad
5ournment and that one or two other ap
preparation measures will be under consid
GRAFTON by that time.