Omaha daily bee., 1889-05-09
PUBLIC LANDS AND BUILDINGS
Their Condition Reported by the
Board as Satisfactory.
THE STATE CAPITAL COURTS.
Licensing Drug Dispensers-rwoG Girls
Gone with a Gipsy Gang-Antici-
pations of the Cold Water
Meeting Next Month.
LINCOLN BUREAU OF THE ON,dA BBs,
100 u Sruprr

The routine expenses of the state institu-
tions were allowed at the regular monthly
meeting of the board of public lands and
buildings.
Reports show these institutions TO be in n
highly prosperous condition. The manage
ment of one and all seems TO be running
smoothly now. No breakers, even, reported
at tho soldiers aud sailors home.
Culver's hotel, better known as the indus.
trial home, however, was knocked out in an
item of the expense account. j. IL. Culver
put in bill for $500 for two horses. The
board put it that "two horses" could not be
purchased with an appropriation for 1.-TWO
mules" and so decided.
Regent Mallalicu sends in n splendid re-
port of the state industrial school. He re-
ports 255 articles of wearing apparel made in
the tailor shop. and ASS repaired. The shoe
shop turned out 6S pairs of shoes, valued at
SlS9.30, and repairing valued AT S6L3O. The
sewing girls deftly fashioned 25i ar
ticles and repaired 420. Five inmates were
parolled during the month of april, and eight
persons were committed.
BY some hook or crook the board made
mistake in awarding the contract for fur
nshng coal for the industrial school. 1t
was given to j. S. Sizer at S561 per ton.
1t turns out that George II. Dowing had put
in a lower bid. Downing so notified Superiu-
tendent Mallalieu, who, i'll turn, notified the
board, and correction was duly made. Szer
refused to stand a reverse order, and under
took to deliver coal at the institution in any
event. The superintendent put his foot
down on this very emphatically, refusing to
receive any coal that he might deliver, and
law suit seems imminent. Mallalieu seems
bent on guarding the states funds disbursed
through the institution he represents
Concluding his report, Superintendent
Mallalieu says: 1.-THE work in the
several departments is progressing in
very satisfactory manner. Nearly all of
the cultivated land is being used for garden
purposes have made arrangements with
the canning company to take all surplus vege-
tables, and think the farm will thus be a
source of revenue in addition to supplying
our own needs in this line. 1t also gives en-
ployment to our boys, which is an important
consideration, as we have more difficulty in
governing them when there is little than
otherwise. Present attendance: Family A,
65 family B, 40; family G, Al; family E, 40,
family r, 40 Total, 244."
DIR. Knapp. superintendent of the Lincoln
insane asylum, reports as follows: Inmates,
April l, 39l; April 30, 3S2; admitted, 10; dis
charged, II; died, 2. The superintendent
Woodward. a patient from Saunders county,
who died April IS; also of Thomas =. Renu-
lett, of Hall county, who died on the 2lst.
James Heaton petitioned the board to
order the superlntendents OF the various
state institutions to see that all honorably
discharged soldiers or sailors, VINO died lu-
mates, be buried in some suitable place or
cemetery, and in place not generally used
for the pauper dead, and further that all
soldiers buried near the Lincoln hospital for
the insane be tranferrcd to Wyuka ceme-
terry so that their graves can be suitably
marked as provided for by law. 1t is only
necessary to add that the order will go out,
ana that sMr. HeatOn was instructed to
Nf lay,l 1Nvt,,F
in the yard at the asylum, to Wyuka, a sad
duty he is now engaged in performing.
The District Court.
Judge Chapman, who presides in the sec
ond court, took the mandamus of w. J.
Cooper VS.. the city authorities under advise
ment. This morning he took up the case of
Howell Bros. VS.. Wise ct al-simply an
ordinary foreclosure of mechanics len
Before Judge Field, the attachment
against B. +. Knight. the Stevens Creek
Juror who failed to appear, was returned and
dismissed. Knight was sick and unable to
attend court.
The case of Charles Thomas, charged with
forgery was continued until Friday morn.
ing.
Colonel Philpott and Captain Woodward
were appointed counsel for Michael and
Joseph Drummer, charged with assault with
intent to commit murder.
A motion for new trial iu the case Of
SEVERN VS.. the Omaha & Republican Valley
railway company, was filed by plaintiffs at
torneys this morning.
The case of Mary A. and p. ]. Grant VS.
John Fitzgerald settled and dismissed as
per stipulation filed,
The case OF the state vs. Bert Oyerman, n
good looking and intelligent youth, nineteen
years of age who is charged with burglary,
, occupied the morning session of the court in
Judge Fields room. Ovcrman is charged
with having broken into and entered res
,tAIz,
bles and money to the amount of 81. The
jury, however, took mercIful view Of the
case and found the boy not guilty as
charged, but fixed his crime as petit larcen v
and assessed the value of the goods stolen at
q nominal sum.
Lambertson on Sewer Bonds.
City Attorney LambertsOn has prepared
his opinion on the sewer bond question, and
it will be submitted to the council, Friday
evening 1t will be remembered that injunc.
tiOns have been brought to prevent the col
lection of the assessments IN the sewer dis
tricts, ana in consequence has loft the city
without funds to meet the construction, and
hence suit has been brought direct against
the city in the United States district court.
In view Of the near approach Of the session
of that court, the city attorney was asked for
his opinion rs to the probable outcome Of the
case. After reviewing the history Of the case
he says:
Two courses are open to the city.
|. To defend these suits on the ground that
the city authorities had no power to construct
| these sewers, and in entering into contracts
| for their construction exceeded their author.
| ity and that the contracts are therefore null
| and void
2. To admit the justice Of the claims and
| confess Judgment for the amounts due,
AS to the first course, l am of the opinion
that the defense there indicated is not tena-
| BILE as the charter undoubtedly autho rized
! the council to construct and repair sewers
| and drains, ana | understood the council
| we're so advised, before the work was com.
| menced, by other counsel. Bat even though
| the council did exceed its powers the city
! would be cstopped from setting II up for the
| reason that it stood by and permitted the sew
| ers 10 be built and the contractors 10 expend
money, labor and material in their cOnstruc-
| ton, and received and accepted them through
| the board of public works and still retains
| and uses them. The city is bound morally
| aud equitably To pay these men a fair com
| pensation for the WORK they have done.
| Should the second course be adopted the
question would arise, how shall the !ndcot-
| edness thus created aud acknowledged be
| metz
| Firstly levylng tax TO meet II, either
! all in one year or distributed over two or
| more years, If the court would 80 order.
Second BY issuing bonds OF the city.
| This, under the charter, would require the
| acquiescence and consent OF the electors OF
| the city expressed at an election held for
| that purpose.
hope the council will this matter early
l It1 on nuH Iatn "A,