Omaha daily bee., 1910-04-17
WATER CASE HEARING NEAR
Omaha Lawyers Will Argue it to
Supreme Court.
QUESTION OF PURCHASE ISSUE
Senator Brown Secures R~eOpeninE Of
Sheppard Case Before Depart
ment-western Suffrage
Delegates.
From a Sad correspondent.l


WASHINGTON. April 1s.-(speclal rele-
gram)-The so-oailed water works case Of
the city Of OmahH against the Omaha
water company, will. in all probability, be
reached for argument Monday, next, the
attorneys for the parties in interest being
already in the vicinity OF Washington-John
L. webster for the Omaha Water board
and r. S. Hail for the company. Both were
In Washington for a short time yesterday,
but took the opportunity to run over to
New York before the argument Of the
case.
The case IL a suit in equity brought by
the Omaha Water company against The city
OF Omaha to require the city to accept a
deed Of conveyance of the entire water
works system in Omaha, South Omaha,
East Omaha, Dundee and Florence for the
sum Of g. $4,000 this being an appraise-
ment which the city insists IL invalid and
void. for the reason that only two Of the
appraisers concurred In the appraisment,
one dissenting; whereas, the contract under
which the appraisement was made required
that the same should be concurred in by
the three appraisers.
The city further dissents to the appraise-
ment because Of alleged misconduct on the
part Of the board in that. the. appraisers
went out OF their way to include in the
award parts Of the water plant lying out
side OF the city Of Omaha and within the
limits Of South Omaha, East Omaha, Dun
dee and Florence.
The case comes to the supreme court by
writ Of certiorari to the circuit court Of
appeals for the Eighth circuit, granted June
], 1903, on the petition OF the city Of Omaha
for review of the decision Of that court,
reversing a decree OF the circuit court for
the district Of Nebraska, which dismissed
the bill of complaint OF the Omaha Water
company In a suit against the city Of
Omaha to compel specific performance OF
the city's agreement to buy the system OF
water works operated by the water COM
pany. fr'
Former Omnhan in Capital.
Mrs. Mary Holland Little Kinkaid, form
erly of Omaha and connected with the
World-Herald, but now an editorial writer
on one of New York's well known wom-
ems magazines, Is in Washington as a dele
gate to the suffragists' convention. Mrs.
Kinkaid was a guest OF Gilbert NJ. Hitch
cock today, who personally conducted his
former associate on the editorial side Of his
paper about the capitol. Mrs. Kinkaid re-
GREETED that the president should nave been
criticised on his manly statement regard
ing woman suffrage, and very frankly said
that the kissing had been done by outsiders
and not the delegates to the convention.
Mrs. zell Hart Deming Of Cheyenne.
Wyo., who fs-probably the only woman in
the convention now In session in this city
who cast her vote for President Taft, was
introduced to the president today by SEN
ator Warren. Mrs, Deming IL the wife Of
49,. IA = . 49, rNNlA..--A- - aZtu a L l. q . Q
Representative Good. Of Iowa. asked the
president today to attend the commence
mept exercises, Including the aging OF the
cornerstone Of the Carnegie Science hall,
OF coe College. Cedar Rapids, in June. The
president said he did not think he would
find opportunity to make the trip.
Brown Urges sheppard Case.
All. Sheppard, son OF William M. Shep-
pard, OF Fairfield, Neb, was drowne
in the Missouri at Wiinston, N. D., last
September while making ~soundlngs with an
engineering party 81 the government, under
direction OF Major Schultz OF the engineer
corps, After great effort the body was re-
covered at an expense of $50, the father
Of the deceased giving as reward $500 for
the recovery OF the body. The matter was
brought to the attention OF Senator Brown,
who advised that a claim be filed under the
liability act of 1908, which provides that an
ARTISAN or laborer' may recover damage
or at least their next Of kin cantor in
juries sustained. 1t appears that young
Sheppard was engaged in surveying and
would have in a day or two been appointed
as a surveyor. When this matter came up
before the solicitor for the Department Of
Commerce and Labor the claim was turned
down on the ground that the deceased was
neither an ARTISAN or a laborer," Prob
ably on the theory that young Sheppard
was a professional man, surveying being
recognized as one OF the professions. SEN
ator Brown does not agree with the solic-
itor Of the Department of Commerce and
Labor in his conclusions and insists that
the case should be reopened on the ground
that the young man who lost his life In the
government service while making sound
ings AT Winiston came within the purvisw
OF the statute, and so strongly has he pre-
scented the case that the department today
decided to reopen 1t for further hearing.
New Rural Carriers.
Rural carriers have been appointed as fol-
lows;
NeBraska-Areadia, Route /. Dewitt C..
Tooker, carrier; Guy II. Thompson, subs
Htitute. Bennett, Route /, Perry NJ. Wood.
carrier; Manley Ross, substitute. Pleasan-
ton Route l. John TruaN. carrier; Arthur
Well, substitute.
Iowa-pecorah, Route G. Harold r.. Din
ger, carrier; no substitute. North Buena
Vista, Route 1. Charles +. Nagei. carrier;
nc substitute, Prescott, Route 2, William
i. Keevsr, carrier; Frank g, Keever, sub
stltnte, Prescott, Route s. James II. Allen,
carrier; Milo f. Trabert. substitute. Wash
tia, Route l. Ebert l., Hatch, carrier; no
substitute.
South Dissatisfaction, Route 2, Ardln A.
Arnold carrier; no substitute. Milbank.
Route 1, Frank J. McKernan. carrier;
Thomas +. MeKernan, substitute.
SWEDISH AMERICANS GATHER