Omaha daily bee., 1911-12-12
CREAMERIES MAY GO TO LAW
Moisture Test Makes Some Liable to
Pay Penalty.
U. P. LOSES TO GREAT WESTERN
U. $. Supreme Court Holds They
Must give TrackaRe Rights he.
tween COunciI Bluffs and
south Omaha.
CFrom a STAFF Correspondent,

(trom n Staff Correspondent
WASHINGTON, Dec. 1l.--(Special Tels-
gram.l--senators Brown and Hitchcock
'50sstiy appesred BEFORE Comnissioner Ca.
bell of the internal revenue bureau today
urging lenlencY for certain creameris In
and out OF Omaha aocusd OF having more
than l6 per cent water In their butter.
The moisture test provided by law showed
that butter made by certain Omaha and
Waterloo creameries was not upfto stand
ard and therefore a fine and tax were
imposed. Commissioner Cabell told the
senators that he was powerless to do any
thing for the creameries caught in the
dragnet which the Treasury department
had put out, and the only recourse left
the creamery people was to bring suit
against Collector Ross Hammond for the
return of the money.
The senators also took up with Com
missioner Cabell the abrogauon OF the
fine in the case OF the hospitals OF Omaha
which have been using alcohol for other
than specific purposes provided by law
By the statement Of nurses i'm these hos
pitfalls alcohol has been used for baths
and for fuel against the statutes and In
consequence they are open to heavy
fine. Commissioner Cabeh told the SEN
ators that he would recommend a bill re-
funding the amount OF money the hos
pitfalls in Omaha will have 10 pay on the
ground that use of alcohol for other than
definite purposes provided by act was the
result Of ignorance OF the law and was
not intentional.
sIoRR Recommends MHtSke.
The supreme court in the case of the
Union Pacific Railway company against
the Mason City & Fort Dodge Railroad
company, now leased by the Chicago
Great Western Railroad company, in an
opinion handed down today by Associate
Justice McKenna, dismissed and re-
manded II. The case involves the right
OF the Mason City & Fort Dodge Rail-
road company to the use OF the terminals
and the Missouri river bridge between
Council Bluffs and Omaha and South
Omaha. The case is similar 10 that OF
the Chicago, Rock Island e. Pacific. In
that II was held by the supreme court
that the right Of use OF the Union Pa
ciflc tracks between Council Bluffs and
South Omaha rested on a perpetual con-
tract between the Union Pacific and the
Rock Island companies, specific per-
tpIiuhhce OF bdlu tDntIdcl having beEn
decreed by the supreme court to run for
a period OF $50 years with a stated rental
to continue throughout such term.
The Mason City &Fort Dodge Railroad
company, after II had reached Council
Bluffs with its terminals, sought to use
the Union Pacific tracks and the bridge
to South Omaha. But when they started
to ship a carload Of stucco from the ter
minal yards In Omaha over the tracks Of
the Union Pacific and deliver II TO the
Rock Island company at South Omaha
employees OF the Union Pacific endeavored
to stop the lessee. the Chicago Great
Western company, from operating on this
portion Of the Union Pacific tracks
whereupon the Great Western brought
suit against the Union Pacific. Judge
Munger Of the circuit court sustained the
petition Of the Mason city company and
held the employees Of the Union Pacific
In contempt Of court for having violated
the decree Of August 4, 1903.
Control of Terminals.
The single question presented by the
Union Pacific was whether. under the
bridge acts OF 1866 and 1871 under the
contract between the Union Pacific rail-
road and the Rock Island company Of
May. 1880, "a construed by this court in
Continued on Second Page)