Omaha daily bee., 1911-05-27
MORTENSEN TALKS OF CHANCE
Supreme Court Has Not Advanced
> Commission Case.
MOTHER OF H. G. LINDSAY DEAD
,. r. CobBey win File for office
of District Judge - senior
Sneak Day Comes Too
often.
fFrom a staff Correspondent.)

last fall and wa selected to fill a vacancy,
but Governor Shalenberger contended that
the place was to be filled by appointment
end not by election. The governor APP
pointed w. J. Furse to serve.
II the appointment is legal Mr. Furse
will serve only till his successor is elected
this fall. II Mr.. Mortensen's election is
legal he will serve for the uuexpired term
of three years. Mr.. Mortensen fled a suit
in the supreme court to test Mr.. Purse
right to hold the place by appointment.
This case has not been advanced by the
supreme court and may not be decided till
after the election this fall. The suit
could have been filed In the district court
and then appealed and advanced under
the rules of the supreme court, but being
filed as an original suit in the supreme
court, the court may use its discretion in
regard to advancing 1t.
Il have not consulted my attorney" said
Mr.. Mortensen, but feel like asking for
a dismissal of the suit. Under no cir
cumstances will 1 run for the office of
railway commissioner this fall II it shall
be determined that my election was in
valid. When l was elected last fall my
family lived in Lincoln. My son was In
the university but he has now returned to
Ord TO work in bank and Lincoln is no
longer my home. For this reason alone l
do not care to make any further effort
to be a candidate for railway commits
sioner this fall II II turns out that candi-
date is to be elected this fall"
CObbey to File for Judge.
]. e. Cobbey of Beatrice this afternoon
secured from the secretary of state blanks
Nor filing for the primary nomination for
Judge of the supreme court. Judge Cob
hey will file on the republican ticket.
Unable to Candle Eggs.
Food Commissioner Jackson has received
word from few merchants In small
towns who assert that 1t will be a physical
impossibillty for them to candle eggs pur-
chased by them from farmers. In a bull
\letn Mr.. jackson indicated that dealers
jwho buy eggs must candle the product in
order to avoid the penalty OF the law. He
believes most merchants can do so by en-
ploying IN extra man and many may be
able to do so themselves. Those who can
. die will be watched by the food inspectors
to prevent them from accepting bad eggs
for the sake of retaining the trade of farm
ers. II bad eggs are found in possession
OF merchants. this fact will be considered
evidence that the bad eggs are for sale,
and prosecutions will follow.
Vote ON school site.
Secretary of State Wait has prepared
blank ballots FOR the use of the Board Of
Public Lands and Buildings for the Sc
lection OF site for the state school of
agriculture. State Treasurer George will
not return to Lincoln till Monday and the |
board will not attempt to select a site I'M
Ill he Is present The ballot, asprepared
by Secretary Of State Wait. does not fol-
low the alphabetical order. The towns
which have bid. for the site are placed on
Aeho ballot in this order Holdrege, Culbert-
son. McCOok. Barley Oxford, Cambridge,
Alma. Mascot, Curtis, North Platte and
BroKen Bow.
Oils IL Lyin glow.
Senator J. A. Oils OF ord. who has been
in the city the last few days on business,
this afternoon declared that talk to the
effect that he would make the race this
fall for election to the vacancy on the
railway commission was wholly without
his knowledge or consent.
PickpOckets Get Busy.
Pickpockets got busy with the crowd at
yesterdays aviation meet the heaviest
loser being r. M. Tidball, who had 500 in
Ncash and several hundred In checks taken
from him In the jam OF people returning
to the city after the meet
Mary A. Lindsay Dead.
Mary A. Lindsay. mother of Harry C.
LINDSAY, clerk of the Nebraska supreme
court, died at $50 this morning az the
home of her sol. 1888 d street. She had
been Ill for several months. Mrs. Lindsay
was an old resident OF Lodi. Wis., and a
member of a pioneer family which moved
70 that place in 1855. She was nearly 70
years old. Her husband died twenty-five
years ago.
Since Christmas she had resided with
her son and his family. Mrs Lindsay was
an accomplished musician and for many
years was engaged In teaching at Lodi.
She was well posted in musical affairs
The body will be taken to Lodi Saturday
afternoon for burial. Mr.. and Mrs. Lind
, say will accompany It to the old home.
No Site for Cadet Camp.
Despite reports to the contrary the site
of the annual state university cadet en-
campment has not yet been fixed The
camp begins June and lasts a full week,
zoo cadets participating. Owing to diff
culties in securing a suitable rifle range at
any location save Ashland the site propo-
sition Is troublesome one for the regI-
mental heads.
The Ashland government range has been
the site Of the last two encampnents. This
year a battalion OF regulars is to encamp
there for a part OF the time desired by the
university men. Consequently the uni
versty authorities are looking elsewhere
Beatrice is at present receiving favorable
consideration. but no decision win be made
until exact figures can be obtained on the
facilities offered there.
Union Depot Agitation.
Alderman T. II. Pratt and Councilman
o. w. Meier. in charge of the union depot
ordinance and agitation. went to Omaha
this morning with reference to this matter
II is not known whether they are going to
consult with Vice President A. L. Mohler
OF the Union Pacific. General Manager
C. w. Holdrege OF the Burlington or both
The fact that MIR. Meier received a letter
from Mr. Mohler a day or so ago strongly
urging the necessity OF union depot may
nave had something to do with the visit
10 the metropolis.
Too Many sneak Daya,
AFTER celebrating sneak day." In spite
Of protestations from the teachers 20 the
contrary, the senior class with the axran-