Omaha daily bee., 1888-07-26
THE HEARING POSTPONED.
A Number of Citizens Ask to be Made
Defendants i'm the Case.

The final hearing in the case Of Byron
Reed against the mayor and city council and
city of Omaha in which an injunction is
sought against the paving of Twenty second
street, before having been graded, was to
have been argued before Judge Croft. Be
fore it was called, however, Judge Savage
appeared as attorney for Ben h. Wood, Il.
Buck, l.. M. Ben nett and himself and filed
motion that they be made party defendants
in the case. Mr.. Reed owns
property at the corner of the street
the council has ordered paved and Caifor-
mia street and, in his own interest and, as
also in that of other residents on the street,
desires to have the street graded before it is
paved so as to conform to the California
street grade The gentlemen mentioned own
the other three corners on the same streets,
and will fight the case with the city to have
the thoroughfare paved. Judge Savage,
when asked on what grounds he based his
claim, said that the court had no right to
grant the injunction, that the i'm
provement was public one, or
dered by regular city legislation,
and that it was not a matter for the court to
say how or in what shape the city should
grade It's streets before paving them. The
case will be heard Saturday morning.
Randall g. Palmer was arraigned before
Judge Croft to show cause why he should or
should not be sent to the reform school. His
grandfather, Edwin Cook, of Blair, was in
court and stated why the boys family de-
sired to have hum sent to Kearney. 1t seems
Randall, who is now within one month Of be-
ing l6 years old, ran away from
school last winter and was found
in Kentucky. He was brought home
and given every chance to return to his
school or to work. He was detected in steal
ing from his family and brought into justice
court on an information sworn out by some
parties, from whom he had stolen goods, and
held for vagrancy. He was also arraigned
in the district court, but released under
bonds of 800. A position was then secured
for him in the KilpatrckKoch dry goods
house, whore he remained only one week be
fore he became involved in some trouble
with the clerks in the house and had to leave.
Since that time he has been causing his fam
lily great deal of trouble.
After this story had been recited the boy ac-
knowledged the truth of it, but asked one
more trial with his freedom. The court re-
fused and ordered him taken to the reform
school. He stated in the sentence that rs
soon as he would show signs of reform the
county attorney would sign petition for his
pardon
Judge Wakeley is hearing the case of Her.
man Busch and others against Mayne.
Judge Hopewell is disposing of some un-
finished business.
Katherine Wehrer began suit against
William Wehrer for divorce. The grounds
upon which the application is based are
drunkenness and cruel treatment.
The following new cases We're fled John
A. Wakefield against William Latey and
others for the foreclosure of mechanics liens
for s;5SS. 30 and S3,Si2.lS
George Qugley sues for divorce from
Unity +. Quigley
Charles johnson sues Thompson & Kele-
| her, contractors, for So 900 damages for in
| iuries sustained while tending one of their
| hosting engines.
Suits were also filed against S. L. An.
| drews & Co. on book accounts by Sweet,
| Dempster & Co. for $40, by Wilson Bros for
| $40, by l.. Simon Il Co. for S34G
| and by Simeon, Farwell & Co. for 800 20
| John l.. Miles sues w. A. Pryor and G. A
| Clark for the foreclosure of mortgage for
| $500 on some city lots.
| Samuel L. Mcleod against Henrietta
| Genins, james Hall and the Omaha Savings
| Bank company for 50, 5,l99.37, a balance he
| claims is yet due for the erection Of resi-
| denCe for the defendant.