Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-03-09
HEAR MEDICAL SCHOOL CASE
Supreme Judges Have Omaha Appro.
priation Arguments Presented.
SCHOOLS OF MEDICINE INVOLVED
Presentation of Arguments over
Tariffs on shipments Be-
tween Points I'm State.
fFrom q staff correspondent.l

(From a staff Correspondent
LINCOLN, March s.-(Speciall-
case of Stewart against Barton was ar
gued in the supreme court today This
is the injunction proceeding brought to
prevent the erection Of tho laboratory
building on the new campus Of the State
University Medical school at Omaha The
legislature appropriated $4,000 for the
purpose and Stewart sought 10 enjoin the
auditor from issuing warrants against
the fund. He lost In the lower court and
appealed. II is the general understanding
that the real motive back Of the move Is
a disagreement between different schools
OF medicine and this point figures as one
OF the objections to the legality OF the
appropriation. It being set up that the
money is 10 be used for the sole benefit
Of one school OF practice, II is also urged
that the law locates the University OF
Nebraska at lincoln and that the appro-
priation Of money, for any portion OF the
university located elsewhere Is Illegal
A. s. Tibbets Of Lincoln appears for the
plaintiff and II. IL. Baldrige OF Omaha
and W. c. Hastings. dean Of the unlyer-
sity law school. appear In behalf Of the
university regents.
Coad Joins Issues.
william ]. Coad has filed his rejolned
to the answer OF Charles r. Ross TO
coad's protest against the water right
filing OF Ross. In the rejoined Coad joins
William j. McEathron and in II he as
serts the Ross people have not followed
Ia. L., hi
water right filing and that, therefore.
II is void. There is a growing indication
that this protest and the numerous and
conflicting filings made Of late are the
preliminaries TO long and bitterly con-
tested litigation. II is generally conceded
that the Loup river is one OF the best
streams in the United States for gener-
alton Of water power. II is less subject
10 either flood or low stage of water
than any other stream in the country
and the fall is ample to generate ~
tensiye power and through a country
comparatively easy Of development. Its
proximity to Omaha and other large
centers for consumption of power affords
an ample market and the high cost OF
fuel for steam power makes water power
especially desirable. With the exception
Of the Kountze BrotI>fs, who are an
nounced as the hackers OF the Coad
project and the Dougherty group Of H.
nanciers, who are figured In with Mr..
Babcock, 1t does not appear on the sur
face who is behind the other projects,
he most prominent OF which are the
Ross and koenlg projects.
The windup OF the hearing on the Union
Pacific valuation Is set for March 20 be-
fore the railway commissioners.
Commission Gives Hearing,
The railway commission today was en-
gagged in hearing complaint Of errone-
Gus classification on an engine shipped
from Omaha 10 University Place over
the Burlington. The difference in CLASH
flcation involves about s. in freight
charges, but the case brought the attor-
ney Of the Burlington road and its as
sistant general freight agent, A. B. Smith.
in addition to the shipper and his legal
representative. The commission has no;
yet rendered an opinion on the case.
The Rock Island road has asked the
railway commission TO permit It to with
draw certain switching tariffs in Lin
COLI. The tariffs are for handling cars
delivered TO the Rock Island by other
roads entering Lincoln. and the eyfde.n
intent Of the move, is to compel the
parties Involved to ship over the Rock
Island or efsS receive their goods from
the tracks OF the >><ds which bring the
cars into Lincoln, IN alleged the COM
pany has no tracks to Vie plants Of the
parties mentioned. but Mat the Rock
Island tracks are used because they are
nea-er than those Of other roads.
Lindsay on WY Home.
H. c. Lindsay has started on his return |
from Florida, but VIII stop at several |
places sn route. reaching lincoln the lat
ter part c. next week. He reports that
he succeeded in landing 9so-pound |
shark while fishing off the Florida keys
Evidently he is prepared to tell some |
fish stories on his return, which will hold |
his fishermen friends for time at least |