Omaha daily bee., 1912-05-21
Nebraska
KOENIG CONTEST CONES UP
Board Of Irrigation Hears Arguments
on Demurrer by Babcock.
NEW AUTO LICENSES CONE m
Trial of Tom Dayis for KILLING
John strong In .Penitentisry
Comes UP In District
Court nj Lincoln.
lErom a staft correspondent.l

tFrom a starr Correspondent
LINCOLN. May % = Especially : The
members Of the State Board Of Irrigation
today took up the koenig contest against
the Babcock claims for water power
rights on the Loup and Platte rivers
Arguments on the demurrer filed by Mfr.
Babcock's attorney were heard. The
demurrer was predicated on, the aiiegn-
ton that Koenig had not legal standing
before the board. eontending that the
state only could question the rights Of
Mr.. Babcock after having, through the
Board Of Irrigation, granted the right
Numerous authorities we're cited In sup
port OF that contention. Mr.. koenig
through his attorneys. insisted the cases
cited we're not In point, as they were all
predicatea on the common law. whereas
in this case the statute had made express
provisions for forfeiture and how IL shoul1
be brought about.
II was further contended that Bahcock
nor anyone else making filing acquired
a vested right. under Nebraska law, sim
ply BY the board granting priority, bn'
TO make the right operative and come
under the head Of vested one the
grantee must hive up to the provisions NJ
the Law regarding use and when this was
done. and only until then was vested
right acquired which the board could
adjudicste.
The attorney generals office had ex-
pected to try this week the case involving
the constitutionality Of the stallion reggie
tration law. Judge Paul advised the
office he could be. at St.. Paul on Thurs
day to hear II. but John L. Webster, At.
tor..sy for Mr.. Iams. was busy On federal
court and could not be present II ls
now thought the case probably will not
be heard until the regular term OF court
In Howard county. which meets the FIRST
week in June. &+
State Treasurer George has gone 20
Kearney and Grand Island to inspect thu
state institutions at those places. From
there he will so to Gosper county to view
some school land spprsisements.
The town Of De Witt has sent in s2i.5m
worth OF water bonds TO be registered.
r. l.. Han. state railway commissioner,
has gone to Piainview to hear the COM
plaint Of the citizens OF that town con-
corning the depot facilities OF the North
western and Herlington roads.
New Hate on Bri~k.
The railway commission has granted
the Burlington the privilege OF making
3iscent rate on brick from Fremont 10
Lincoln. This was done to make the
rate both ways the same. Lincoln brick
men already having gt-cent rate TO
Fremont.
Captain A. NJ, Triu1ble this morning
took possession Of the office Of assistant
adjutant general. in charge Of the civil
war and other war records At the capitol.
Game Warden Miller lie busy these days
looking after his crop of young pheasants.
About fifty OF the little chicks have al
ready hstched out and more are expected
every day now for some time. The Old
birds are stll laying literally and he ex-
poets TO have a big crop OF these birds
this year. He has provided quarters for
them In Antelope park and the facilities
are better than ever before. and with a
liberal supply OF old birds he expects to
have many more chicks than the state
mas ever before had. aE II
AIdrich Proves Versatile. ..,.,'
Governor Aldrich returned this morning
from walthill and reports that he had
ample opportunity while there to display
his versatility. Socially. he attended
house party given by Mr.. and Mrs VEIN
brenner at which more than 100 persons
were present Saturday afternoon he
spoke on political topics from the balcony
of the hotel. in the evening he delivered
TN address on True Marriage and Sun
day he spoke on Civic Righteousness ..
store Falls In Hole.
A store building at Seventeenth and c
streets. occupied BY the Byart second
hand furniture store tumbled into an ex-
cavstion on an adjoining lot this morning
The excavation, which Is for new
building. was made so close TO the walls
q the building that the earth slipped
out from under the foundation The
building was completely wrecked. causing
a loss Of several thousand dollars and
the loss on stock probably will be 5000
or S.ooo.
New auto Licenses.
New automobile licenses are being is
sued by the secretary OF state at the sv-
ersge rate Of fifty per day, and with re-
newsls the licenses amount to about
eighty per daa on the average. At the
low estinate OF sl.Ue each for the auto
mobile this indicates Nebrasksns are put
ting an average OF 5000 per day into