THE BRR: OMAnA, MONDAY, JANUARY 31, 1916.
Nebraska
REED INTERVENES
IN POWER GASES
Attorney General of Nebraska Pre
parti Petition for Filing in
the Matter.
STATEMENT GIVES REASONS
Nebraska
(From a Buff Correspondent)
LINCOLN. Jan. mSpeclal.) Attorney
Central Willis reerl. In behalf of tha
stale, has Intervened In the cases brought
by the Vnlted States against the Heaver
River Power company anil othera cover
ing the right of tha latter to the use of
water which It la claimed tha atate haa a
riaht to iim.
Tba raae la on of the moat important
that haa come up for years and Involves
the riant of rarloua hyrlro-electric power
toinpantaa In several western atatea, and
the Vnlted Ftatee has brought action
aaainst these companies to en loin the
operation of their plants, which sre lo
cated Wholly or partly within forest reser
vations, and In tha first test case now
In tha aoprema court of the Vnlted Btates,
entitled Vnlted Mates of America aaainst
tha Heaver River Power company, Luclan
L. Nimn at al.. tha United Fintre la pre
sentlng tha question of the equality of
tha states of tha union, with special ref
erence to the eleven atates within which
are still situated extenilve areas of rb
lie lands.
Prepares petition,
Being brought to the attention of tha
attorney general of this state, Mr. Reed
haa prepared for Intervention a petition
seeking to protect the rights of Nebraska
and baa been granted the right to inter
vena. In epeaktng of the matter, Mr.
Reed atates that during tha continued
fltacuaslous of tha question In connection
with legislation, puMlc discussions and
newspaper publicity, there has been an
unfortunate tendency to confuse the Issue
v;-h the Issuo of the so-called state's
..btb. and that In tha Unties now pre
sented tha eon verse of the question Is
maintained; that the merits and demerits
of the FYrrla and Pliletds bills for tha
control of water and the hydro-electria
Interests which would be affected thereby
Ink Into Insignificance when confronted
with tha question of whether the sover
eign atatea or the nation haa the Juris
diction to enact them.
Mr. Reed said he was filing his petition
In Intervention In these cases and would
file a brief In support thereof for the
purpooa of maintaining the Indestructi
bility of tha states. 11a atated that the
claims of tha Interior depsrtment were
so sweeping that they practically de
prtved tha Individual atatea of govern
mental Jurisdiction, not only over publlo
landa, but alao over municipalities and
ptiblln service Industries within the state;
that they deprived tha atata of the power
to permit, require or restrain action on
the part of vast Industries within a atate;
that they deprived tha atatea permanently
or the taxablo Value of tha natural re
sources of tha public land, which In coma
states amounts to more than three-fourths
of tha total area of tha atata, "by a aye
tent which createa temporary tenants In
plica of free-bold cltlsens, and In fact
they are seeking to dspriv tha atatea of
governmental functions over their respec
tive cltlsena and industries."
The statement says: "The Beaver
River Tower company and I-ejcWn
L. Nunn, tba defendents In these
two cases, are by the bill of complaint of
tha government termed purprestures
(Trespassers on the King's domain). The
company waa organised tinder the laws
of Colorado alwut'the year and tin
dee its charter baa power to construct,
acquire, maintain and operate hydro elec
tric plants, and ever elnca the year IMS
has been engaged In the business of
operating certain hydro eleclrc power
works near the town of Reaver, In
Reaver county, state of Vtah. and Is
generating: and selling electric power
for the operation of mines and mills
and for tha lighting of municipalities
and other purposes.
"A part of these tranamlaslon lines,
conduits and hydro electric worka are
stuated within what Is now known as
the Fillmore National Forest. The eom-
puny Itself owns as a private Individ
ual other land upon which It haa stored
water and upon which a part of Its
works sre located. It haa appropriated
un4rr the lawa of the state of Utah
certain waters of the Reaver river and
its tributaries and Is applyna the water
to beneficial use tinder the lawa of
the state of Utah.
Alleara
Company.
"It has expended upon It plant In tha
neighborhood of t,000,000 and tha company
alleges In Its' answer that prior to the
promulgation of the order establishing
the forest reservation, the United mates
government and Its officers and repre
sentatives acquiesced In and encourased
the defendants to enter upon the lands
and the appropriation and beneficial use
of the waters, and that tha forest r
serve wsa established and created- on
an understanding and agreement with
the complainant, tha government, that
tho aame would not Interfere with the
appropriation or beneficial use of tha
waters; but the company admts that
It has refused to comply with the rules
and regulatlona of tha Department of the
Interior or the Department of Agreul
ture. The rules and regulations of the
Department of tha Interior and that of
the Agricultural provide for the grant
lug of a license in which the approprla-
tors of water upon a publlo domain within
a state, the waters belonging,' of course
to tha state, are called permittees; that
In no Inatanca shall such lloenee be
granted for a period longer than fifty
years, and In all caaea tha aame shall
be revocable at tha will and pleasure
of the officer In charge of the depart
ment; that In addition tha permittee shall
pay a tax to tha federal government
of 10 cents per horse power per annum un
num for tha first year and an Increase
of 10 cents per horse power annum un
til the maximum of II la reached, and
other burdensome and unreasonable and
unwarranted provisions. After tha de
fendants In the caaea flald their amended
answer, tha government moved to strlka
tha same, and In deference to a decision
of tha Vnlted States circuit court of
appeals, Klghth circuit, within which tha
dlstrlot of Utah la situated, entitled, tha
United Btatea of America against tha
Utah Power Light company, tha mo
tion waa granted and an appeal waa
taken"? direct to tha supreme court o
I . .
Nebraska
the Vnlted Ptates upon whst amounts
to an agreed atatement of facts.
'So great haa become the Interest In
thla litigation that the states of Colo
rado, Utah, Idaho, Nevada and Oregon
have Intervened through their attorneys
general, as hns now the state of Ne-
braaka."
I
Nebraska
Files for Delegate;
Personally for Hughes
(From a Ptaff Correspondent.)
LINCOLN. Jan. 30. (Special. )-Expreee-
Ing a personal preference for Justice
Hughes for the republican nomination
for the presidency, but at the aame time
willing to abide by the desires of re
publicans of the distrct as shown In
the preferential vote at the primary, J.
Held Green of Lincoln has filed for tha
position of delegate to the national re
publican convention from the Flrat dis
trict and makes his statement along
those lines.
He declared he believes that tha presi
dential primary preference Is manda
tory, at least morally If not legally, but
after It has been ehown that there la
na chance o land the choice of the peo
ple of his district, he believes It right
for the delegate to use his best Judg
ment after a sufficient number of bai
lota has decided that the choice of tha
primary cannot secure the necessary majority.
Mr. Oreen haa been secretary of the
Lancaster county republican county com
mittee and la now Ita chairman. He haa
been one of the live membera of the Lin
coln Republican club and la one of tha
beat known young republicans In this
vicinity. He says he haa not quarrel
to pick with anybody over anything that
haa past and Is for a get-together spirit
that will mean a republican victory all
along the line.
Treasurer Cropsey's
Showing Finest of All
KAIRBURY, Neb., Jan. . (Special.)
-F. A. Btech, state examiner of the Ne
braska county treasurers' office, com
pleted auditing the books of D. B. Crop
sey, treaaurer of Jefferson, last night,
and asserted that Mr. Cropsey had tha
lest showing on tha UA tax of any
treaaurer In Nebraska. lie said that
less than three-fourths of 1 per cent of
tha 1014 tax was outstanding, which waa
something very unusual.
A portion of thla tax was levied
against a Rock Island section srang that
haa einoa loft tha country. Tha last
time the treasurer's office was exam
ined by a atata examiner waa July S,
1915, and alnce that time taxea have
been collected amounting to $189,fl6.1.1fl
and tha disbursements for tha aame pe
rlod were IH6.0M.ia.
Wm'i Flab Eatertafas.
AVOCA, Neb., Jan. 30. (Special.) The
annual banquet of the Avoca Woman's
olub when tha members entertain their
husbands was held at tha L. J. ' Mar-
quardt home on Wednesday ' evening,
January M. A threelcourse dinner
served. . About forty-flva were present.
Farley Enters Race
For Delegate to
G.O. P. Convention
AURORA, Neb., Jan. . Special )
Petitions asking that the nnme of Wil
liam I. Farley of Aurora be placed on
tho republican ballot aa a candidate for
delegate to the national convention at
Chicago In June were circulated here
Saturday for the flrat time. 'Similar pc
tltlona will be circulated throughout the
countlra of the Fourth congressional
district, which Mr. Farley desires to
represent.
Mr. Farley will make an active can
vass of the district. He la well known
throughout thla part of the state, having
represented Hamilton county In the
atata legislature during the winter of
1307.
It waa during his term of office aa
representative that the many reform
measures of tha legislature of 1907 were
enacted and Mr. Farley was a leader In
that session. He took an advanced atand
on the question of passes, reduction of
rales, direct primary and other matters
which cama before that session of the
legislature.
Trter Jansen, of Beatrice, is also a
candidate for delegate from thla district.
Much Rain Results
In Big Crop of Corn
STELLA, Neb., Jan. 30. Special.)
That rain and a bumper corn crop go
together la ehown when It la atated that
tha rainfall for 1915 beat all records for
southeaatern Nebraska and that tha 1918
corn crop waa tha best In this part of
the stale for many yeara. Many farmers
report that they raised more corn In 1915
than at any time since they have been
farming. Few, farmers ralaed corn that
yielded lesa than thirty bushels, the
average waa from forty to sixty buahela,
and a number of farmers raised as high
as a hundred bushela to the acre.
The most remarkable feature of 1916
waa the three feet of rain that fell In
the five months Including; May, June,
July, Auguat and September.
Thla waa the growing period for the
year, which also Included the harvest
time and tha haymaking-. Nearly all the
summer activities on the farm were
either helped out or delayed by this
great rainfall, which exceeded the total
for tha year. The entire rainfall was a
trifle over fifty Inches or mora than
four feet.
TELL WHY PEACE
MISSION FAILED
Returning Member of Expedition
Give Their Reason! for
Disaster.
COME BACK ON ROTTERDAM
LOOTERS WORK
BEHIND FLOODS;
DAM GOES OUT
(Continued from rage One.)
Read Tba Baa. Want Ads 1 pays!
Oto Coaatr M Foand Head.
AVOCA, Neb., Jan. 30.-(SpeclaI.)-John
Flefken, aged 42 yoara, waa found dead at
hla home near Berlin. Wednesday nljrht,
by his son-in-law, H. Witt, and B.
Lyeamler, a neighbor. He la supposed
to have committed suicide, aa It was
found that one of hla wrists had been
cut with a raaor, severing- an artery. Mrs.
Stefken died In June, and ha has lived
alone since her death. He had resided
In that vicinity for twenty years. Tha
body waa taken to Syracuse for Inter
ment. Two aoni and two daughters aur
viva him. (
NEW YORK, Jan. 30. An exter
nal explosion, probably can sod by an
exploding mine, disabled the Holland-America
liner Ryndam, off the
English coast somewhere between
Deal and Falmouth on its way from
New York to Rotterdam, according
to officers of the Rotterdam, a sla
ter ship, which arrived here tonight.
The Rotterdam was at Falmouth
at the time the Ryndam met with its
accident and the officers ot the
former vessel said they were in
formed that a mine undoubtedly j
caused the explosion. Three mem
bers of the Ryndam engine room
force were killed and several in
jured, but none of the passengers
were hurt. The Ryndam was able
to make Its way to Qravesend.
Have Views Already.
Sixty-Seven membera of the Ford peace
expedition cama home on the Rotterdam.
Moat of them had prepared statements
of their views on tha expedition and
these statements were distributed among
tha newspapermen, 'who boarded the
steamer at quarantine.
"Autocratlo leadership," was blamed
by most of th voyagers, for the lack of
success that attended their enterprise.
State Senator Helen Robinson of Den
ver, Colo., asserted that "certain Ideas
fostered by leaders of the party and which
they attempted to impose on tha dele
gation created discord.' Although the
mission did not measure up to Its Ideal,
aha said, "It helped to mobilise the Idea
of peace In four European neutral na
tions and showed those people that the
I'nlted states la not as they have been
led to believe a buzzard nation."
Mrs. Incs Mllholland Bolssevaln, who
left the expedition at Stockholm, de
clared that while tho motive and inten
tion of the mission was sincere, it was
a failure, because it waa an "autocratic
rather than a democratlo organization."
Points oat Blander.
Herman Bernstein, the author, who
also left the party at Stockholm, said,
an important blunder waa made when
members of tha party "were vlrually
forced In a humilatlng manner to algn a
pledge declaring their opposition to Presi
dent Wilson's policy of national defense."
He Joined with the other membera of the
party In giving credit to Henry Ford
for undertaking the mission.
While at Falmouth, the German and
Austrian passengers on the Rotterdam
were aubjected to a rigid examination by
tha British authorities.
sons acquainted with the valley must
have stood In the path ot the flood. It
was estimated that from four to five
persons occupied each of these, although
those housing orientals held a larger
number. Many of these are believed to
have had time to escape, although It haa
been Impossible to check In any way
t s Inst tha known residents of the valley.
Tho estimate of fifty dead Is considered
conservative. t
Lieutenant W. W. Bradley, command
ing the destroyer Hull, reported today
that ha had been unable to find any trace
of six persona said to have been carried
out to sea on a ranch house, but. It wna
rumored that they had been taken off In
a small boat.
Reports that the town of Tijuana,
lower California had been pretty well
drowned out, seemed to be confirmed to
day and It waa said that nothing much
was left of the brand new ranch track
plant which cost? It was given out by Ita
builers, 2O0.0f.
With clearing skies It Is hoped that tho
Sweetwater dam. In another little valley
north of the Otay river, would hold out.
A large force of workmen continued their
efforts to make It solid.
The mayor of San Luis Rey headed a
committee of townamen and ranchers en
gaged In relief work In their valley and
Indications were that military aid would
not be needed there.
Cold Gone! Head
and Nose Clear
First dose of 'Tape's Cold
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Don't stay rtuffed-up!
quit blowing and snuffling!. A does
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will end grippe misery and break np a
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It promptly opens clogged-up nostrils
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"Pape's Cold Compound" la tha quick
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Advertisement.
To Throw Off Colda Bad Pre
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Take LAXATIVE BROMO QUININE.
It destroys germs, acta as a tonto and
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signature on box. Sc. Advertisement.
KIN
TROUBLE
DISFIGURED FACE
Went All Over Hands. Skin Very
Red and Burning. Lost Rest.
Could Not Put Hands in Water.
HEALED BY CUTICURA
SOAP AND OINTMENT
"My skin began to get rough and peeling,
ft went all over my face and hands and on
my neck, and every time I would wash I
took some akin off. My akin
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and I had to scratch and my
face waa disfigured. I lost
rest at night, and I could not
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"One day I found a CuU
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about a week my face began to get well,
and I used about two cakes of Cutlcura Soap
and two boxes of Ointment and I was
healed." (Signed) Edward Podolald. 8027
Greaham Ave.. Chicago, IlL, Sept. 20, 1915.
Sample Each Free by Mall
With 32-p. Skin Book on request. Ad
dress post-card MCatlera. T,
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ELL-ANS
Absolutely Removes
Indigestion. One package
proves it 25c at all druggists.
IT'S YOUR KIDNEYS
YOU have ftarnllen feet mnA tlAnda
Stiff, achy joints! Sharp-shooting rheu
matic pains torture you. You have ach
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difficulty wheal urinating! Look out!
frhese are danger sfgnala. Trouble la
with your kidneys. Vrlo acid poisoning.
In one form or another, haa set in. It
may lead to dropsy or fatal Brlght'a dl
sease if not checked.
Get some UOLI) MEDAL Haarlem
Oil Capsules Immediately. They are an
old preparation, used all over the world
for centuries, combining natural healing
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and used by thousands In their daily
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act naturally, gently and quickly. But
when you go to the druggist, insist on
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JMVI THKATEK TOMtiHT.
TttnlKht Matinee Wednesday at 2
FAKKWELIj OK
FOKI.K8-RO BERTSOJf
Tonight at 8 "Kamlat.n
Tomorrow "Xlght That Tailed."
Wednesday Matinee "Hamle." -Wed.
night "Fusing of tha Third
Vloor Back."
Xlghts. a to BOO Mats., SI. BO to BOo,
Turpin's School of Dancing
TWenty-atghth ft Farnam. ITew Classes.
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