Omaha daily bee., 1890-07-03
REFUSED THEM A MANDAMUS
Madison County People Lose Their oast
Against the Railroads,
DOFFNG AND DOMINIC THE STRIPES,
Names of Prisoners Rel ease q from the
Penitentiary Yesterday and
Those Received 49, Bank
Examiners Report.

BEE. The people of Madison county have
been ondavoring to have the railroads pass
ing through their county taxed at their full
valuation like the remainder of tho property
in that county. Tho people there claim that
this Is nothing more than fair, but the rail-
roads were opposed to payn g taxes on such
abass and fought the proposition bitterly,
The Madison cOsn ty people took the case to
the state board oftranporhtion but were
promptly sat down on. They then plNclSily
appealed to the supreme court, asking for
mandamus proceedings. This morning
full force of railroad attorneys shook their
fists in the faces of the Judges of the su-
premo court, denouncing everybody and
everything connected with Madison county
and demanding that the proceeding be
sQueChCd. The court denied tn man damus
DoFFWG AND DOMINIC THE STRIPES.
The following convicts were released from
the penitentiary today, having finished scrv-
ing sentence: William DcPew of Sarpy
county, sentenced for two years for horse
stealing; Jonas CASTLE of Seward county,
sentenced for seven years for rape; James
White of Lincoln, sentenced for one year and
ten months for receiving stolen goods Rich
ard Daniels, William Simmons and David
Ethcrton, all OF Washington county, one and
One-third years each for burglary.
The following criminals were received for
Incarceration: Robert Neil of Omaha SEN
fenced for one year ana six months for for
gerry; g. WammelsdorS of Omaha, scntcn ced
same time fSr same crime; John Laube of
Omaha, sentenced three years for assault
with intent to kill; John Cutler of Dodge
county, sentenced three years for grand
larceny.
AN ApPEAL FROM ARIZONA.
Secretary of State Cowdery has received q
letter from John A. Black, commissioner of
immigration of Arizona, asking. for the CO.
operation Of the state of n cbraslla in urging
upon congress the necCSsi' A" of the early re-
peal OF the clause which re JrvcS from entry
all lands made susceptible Of irrigation by
reservoirs, ditcheS or canals, A strong ap-
peal is made for concerted action in the move
ment to again open the uno ecu pied lands in
that state to eutry settlement
INTERESTING SUPREME CoUGT DECISIONS.
Deavcr vs. Bennett. Error from Harlan
county. Affirmed. Opinion by Mr.. Justice
Norval. Money wagerel ON the result of o
horse race may be recovered from the stake
holder by the party depOsiting the same, if
before the stake is paid over TO the winner
demand has been made upon the stakeholder
for its return.
q The petition examined and held TO state
acause OF action.
B. An indefinite allegation in pleading
cannot be corrected by dcmune the remedy
is by motion to make more definite and Ger
tain.
Kyner VS. UpstiI. Error from Browncouu-
ty. Affirmed. Opinion by Mr. Chief Justice
Cobb When amilldami is built across nat
ural watercourse without leave to build or to
continue the same obtained under the provi-
sion OF the statute the owner Of an adjacent
mill and dam whose mill, power and premises
may be affected or injured thereby may pros.
ecute proceedings for Indemnity under sec
ton "A of chapter 81 ct seq. without recourse
to the ad quod damnum und the preceding
sections.
2. The inquest and proceedings returned by
the sheriff under thewrit of ad quOd damnum
not satisfactory to the plaintiff, whose remedy
lies under section IA ct seq. OF the mills and
lnilldamS act, will not be deemed reversi ble
error as to the other proceedings for want of
consistent application to the remedy sought.
Rinker VS. Lee. Error from Fran kiln county
Reversed and dismissed. Opinion by MIR.
Justice NOrval.
Salisbury VS. Iddings. Error from Lincoln
county. Affirmed. Opinion by Mr.. Chief
Justice Cobb. |. OF. S, brought his action
against q. f. l. and n. A, ]. to recOvera bal
mce of prnci pal and in tCrest on their promis-
sorry note payable fifteen months after date
thereof to the order of N, S. and endorsed to
q. j. 5. before maturity, Defend dant set up
want of consideration in the quantity and
value of certain stock, furniture and fixtures
of the Union Pacific hotel and eating house at
CheyGGne and Of certain accounts due ID
transferred with the possession and property
OF the hotel and eating house byO. j. S. to
H. A. l. and falsely and fraudulently repre-
sented by o. j. S. and for part payment of
which the note in controversy was given,
Held, that under the evidence O. j. =. negO-
tiated the sale and falsely and fmuduently
represented the quantity, quality and value
OF the property, different and greater than it
actually was.
DelOSac VS. Gonna Appeal from Cass
county. Reversed in part, affirmed in part
and decree for defendant. Opinion by MIR.
Justice NOrval The defendant, l.. Nj, S.,
resident OF California, fell heir to an undi-
vlded one-third of 3!0 acres of Land situated
near Weeping Water, Neb., worth from S!5
to S3Oper acre, which she had dnever seen and
had no knowledge its location orvalue
The plaintiff desiring to purchase the real
estate, visited l.. M, $. and her hus band at
their homo in Oakland, Cal. ., and represented
to them that the land was wild and unpro-
ductiye, and that $40 per acre was far above
| its real worth, Relying upon such state
ments, the defendants sold and conveyed the
property to the plaintiff. Held, That the
vendors We're entitled to have the deed can
cclcd on account of the miss tatementS Of the
yendce
Wagnervs Breed ct al. Appeal from Adams
county. Reversed Judgment and decree for
plaintiff and cross petitioners. Opinion by
Mr.. cfJustice Cobb.
D. A sale of beer, by the carload by w. in
the state of Illinois to b Of Nebraska, to be
shipped to the latter state, is not a violation
by w, of the Law the public policy of the
state of Nebraska.
STATE HOUSE NEWS.
Articles of Incorporation of the Electrical
coin slot advertising company were filed with
the secretary of state this morning The ma
ture of the business is to give photographic
exhibitions, The place of business is to be
at Omaha The capital stock Is to DE s., ,OO0.
The incorporatOrs are Jom M Thurston, John
$, Tobbcts, u. L. LOmaX, M. S. Lindsay, w.
r. kelley,J j. +, Caykendal and G. H. Resse-
gue.
The Temple Craft association of Koarnoy
filed amended articles of incorporation this
morning increasing the capital stock from
$4,000 to $i2, 100.
The bank Of McCcok has filed articles of
incorporation with the secretary of state
The capital stock is to beS5O 900.
Mr. f.. n. Erlal has entered upon hisduties
as recorder III the Office of the secretary of
| state,
CITY NEWS AND NOTES.
Mr. Pollock, who lives on y and Second
| streets, caused the arrest today of Fred ii Op-
| pie, John Sullivan and II, ltiger, three base
| ball tonds who have been disturbing the
of the neigh bOrhood by their incessant
! yelling, and makingpu bile nuIsances ofthem-
| selves by tearing down fences and knocking
| their balls thrOugh.he windows ofthe houses
| in tho neigh hborhooda the peril Of the in
| mates,
| REPUBLICAN COUNTY COMMITTEE.
| Tho rom cOIlptV rnrp n p,a4 in