Omaha daily bee., 1888-01-06

Yesterdays Proceedings fthe State
Board Of Transportation.
THE BRAKE ORDER MODIFIED.
Manager Holdrcgc Says His Company
Has Been Misrcprescnted-Lon
List ofCases Decided by the
supreme Court.
frRoM THE BEES mxcoLS nrRrAr.I

mt Slhle DDdTu Ol bTHHSDDTIdllDH Iltb yes
terday pursuant to notice published TO con-
slider a revision Of freight tariffs in the state
and the propriety OF putting in force new
distance tariff. The Burlington officials
were represented but representatives Of
other roads were not present The iniunc-
tion case prepared by the Union Pacific, re-
hashing former statements that the road was
subject only to federal control, was dis
cusscd informally and did not appear to
excite the board to any apprecable extent.
Two cases Of complaints against the b. & M.
were first taken up one Of them being the
question of ordering the road to put brake
men on all trains. Manager HOldrege testi-
fled in the matter and the board ordered that
the case be modified requiring an air brake
on trains brakemen to be employed when
more than than three cars comprised train.
The complaint made concerning poor track
and crossings at and in the vicinity of Adams
station was next considered and the board
adjourned at noon to visit the alleged
defective track in tho afternoon but
failed TO make the trip on account of the late
ness of the train. They resumed the session
at p. IN. and took up the proposed question
of abolishing distributing a tariff in the state
and the enforcement of a one distance tariff.
There were present at the meeting Mcssrs. G.
ii. DIETRICH, "A. ID. Yocum, r.. &. Webster, G..
B. Berger and j. j. Wemple, of the Hastings
board of trade and /. NJ. Raymond and j. ~.
UT, OF the Lincoln freight bureau. The ar
guments of all these parties were against the
abolition o. the distributing tariff the com
mon opinion being that such act would tend
TO destroy commercial Ccntcrs in the state,
and to the upbuildng of wholesale centers in
Iowa and Kansas
Manager Holdridge stated to the board that
complaints of Il character assaling the com
pany road bed as unsafe were wholly untrue,
and were instigated by irresponsible parties.
Further be stated that they were of direct
and positive damage to the road creating an
impression of danger that did not exist. He
called on the board to suppress such com
plants from entering the columns of news
papers, and dhl not think that the public
good demanded their publication. Mr..
Munger stated that the records in such
complaints were similar to court records,
and had to be 80 treated The board there
fore took no action but deferred it until later
in the session and adjourned until y O'Clock
this morning.
SUPREME COURT DECISIONS.
The supreme court yesterday handed down
decisions prepared during the holiday recess,
the cases largely coming from the Tenth,
were heard at the close of the continued
July term. Following are the opinions filed:
Andoy VS. Pasahro. Appeal Nuckolls county.
Lien of Templeton Bros, held superior to
mortgage of plaintiff Decree of fore
closure the proceeds of sale to be applied,
first to payment of lien of Templcton
Eros.; second, to the amount due on mort
gage, and third, to the amount due Van
~ GuDdy on his lien. Opinion by Reese, j.
1. A vendor of real estate, upon the abso-
lut5 conveyance thereof by deed, has no lien
on the land so conveyed for such portion of
fhe purchase money AS remains unpaid. Ed
Minister VS. Higgins, q Neb. 2G5.
2. The policy of our law is to discourage
secret liens and to require all instruments af-
iecting the title to real estate to be entered
q. upon ,tcord. Id.
.t.;,,, 4 4
on the land conveyed for purchase money re
riain,ng upaid, i8 rcpugnant to our statutes
in relation to real estate, and it is no part of
Che law of this state.
a. Rule applicd.-A. sold and decided Ger
tain real estate to p. on the Goth day of June,
1855. On the same day r., by virtue of "a con-
tract with p. therefor, sold and delivered to
him material for the erection of a building on
said property. On the 23d day of July, 1855,
T. and wife executed a mortgage to A. to Sc
cure the unpaid portion of the purchase price.
Held, That the mechanics lien in favor of II.
was superor to the lien of A. created by the
mortgage
Powers VS.. Craig. Error from Cherry
county. Affirmed. Opinion by Reese, j.
l. In an action for damages resulting from
the destruction of property by fire negli-
gently set upon the prairies of this state, the
r question Of negligence is alone for the jury
to determine.
,. In such case where it was shown that
che fire originated at the camp fire built upon
Jnc prairie Ill the vicinity OF u large Quantity
OF dry grass at o'clock in the day, when
the wind was high and blowing in the direc-
ton of the defendants property, the ques-
tion of the custom of the country in plowing
fire guards around such property is not Il ma
terial inquiry, and especially so when a
stream thirty feet in width was between the
property destroyed by the fire and the place
whore the fire was kinded. In such case the
failure to plow or burn fire guards would not
be contributory negligence.
State vs Kellncr Exceptions from Madison
county Exceptions sustained. Opinion
by Reese, j.
!, Defendant was arrested upon a com.
plant, tried before justice of the peace for Il
nsdemcanor, convicted, and appealed to the
district court. Upon trial in the district
court, testimony was introduced tending to
establish all the material allegations of the
complaint Upon the close of the states ties
timony, defendant moved the court that the
cause be dismissed and the defendant dis
charged which motion was sustained, held
error.
2. Where defendant was charged with
keeping and having charge of scales for the
purpose of weighing live stock, grain, coal
and other articles, and knowingly and will
fully reporting false or untrue weights
whereby another was defrauded, it was held
competent for the purpose of showing guilty
knowledge, to prove that at or about the
time alleged in the complaint the defendant
used and caused to be used in the weighing OF
STOCK ana grain loaded weight, heavier
than other and correct weights kept by him.
thereby causing the apparent weight of the
stock, hay, etc, to be diminished.
McKesson VS. Hawlcy. Appeal from Lancas
ter county. Affirmed. Opinion by Reese
Ch. j.
On the 18th Of February, 1872, A executed
to B IA trust deed to secure the payment of
sum of money due April l2, 1872 The trus
deed provided, among other things, that il
the notes were not paid at maturity the trus
tee should advertise and sell the real estate
and convey fee simple title to the purchaser
The notes We're not paid at maturity. On the
9TH day of June, 1872 the trustee advertised
and sold the real estate to the highest bidder
according to the terms of the truet deed Or
the l2th day of September, 1873 the pur
chaser at the trustees sale conveyed the
property to another by warranty deed Or
the 9th day Of October, 1874, the property
was again sold and conveyed by warranty
deed, and on the 10Th day of April, 1876
plaintiff purchased the same and received q
.SAilar conveyance. Defendant and hei
srantors We're in open, notorious and adverse
possession of the property for more than ter
years prior TO the commencement of this
eotlon, Which was TO redeem the property
IRON the trust deed 1t was held that the
statute Nt Limitation had run, and that plain
titf's cause of action was barred
Holland VS. Commercial bank Error from
Sai'ae county. Proceedings in error dis
m ,spd ODiniOn bV Reese Oh I