Omaha daily bee., 1896-11-13
INVOLVES A FINE LAW POINT
Trial Of John Kobater at Lincoln viii Be
Interesting,
CHARGED WITH HAVING VOTED ILLEGALLY
Father of the Accused Took out His
First Papers, but DIED ncGorc
His Naturalization
Was Completed.

LINCOLN Nov. 12.-(SpccialD-A fine
point of law has been raised in the case
of John Kohalter, a young Austro-Hun-
garan who was arrested election day for
illegal voting in the Second ward OF this
city. In 1856 Kobaltcr came to Lincoln with
his father He was then IL years OF age
Declaring his intention OF becoming citl-
zen OF the United states his father took out
his first pppers, and died within year sub
seguently The point raised is whether the
fathers death, removing the possibility Of
perfection of the naturalization papers
takes away any of the rights conferred upon
his children by the declaration of intention
The question is not fully covered by the
statutes 1t is claimed that young Kobalter
could become citizen by simply taking the
oath of allegiance. However, the court Is
called upon to decide whether or not swear
ing in his vote was equivalent to taking
the oath of allegiance Justice Leese will
pass on this case Saturday next
THINK THE JUDGMENT UNJUST.
Today a petition was filed with the
county commissioners. signed by y. y.
Brown, Mark Woods. j. Il. Miller, ii. j..
Winnet, william Fullerton, l.. c. Pace.
John ii. Ames. Kent x. Hayden, John r.
| Higgins and Eli Plummer asking the com
mssioners to appoint attorneys to nave the
Judgment of Green q Van Duyn against
the county of Lancaster set aside and va
Gated in the supreme court. The case Is
the cne in which Green & Van Duyn recov-
cred judgment OF 81 05i against the county
in district court for balance due as commits
sion for refunding some county bonds. Nu-
merous taxpayers have made representa-
tions 20 the commissioners that the bill was
unjust and that the judgment should be
suspended 1t is thought a reversal can be
secured on the ground of errors in the plead
ings and instructions to the jury.
WILL SUE THE STOCKHOLDERS.
Receiver Hin Of the Lincoln Savings bank.
which lately suspended. has decided to file
suit in the district court against the stock
holders who. so far. have failed to pay up.
| Hin says that Justice to creditors Will not
| permit him to wait longer.
! Funeral services over the remains of Mrs.
| ]. O'Donnell. who wGs accidentally shot by
! her son Tuesday morning, were held this
| morning at st. TherCSas Pro-cathodrdI, and
| were attended by a large cOncourse of
friends. The remains were inferred in the
| Catholic cemetery.
! The complete returns of the Lancaster
county canvassing board were turned over
| today to the secretary of state. and the
| work of tabuation will be proceeded with
| at an early day. Since the morning of the
| ith Of November the office OF the county
| clerk has been busy scene.
| The funeral of b. +. McColl. one of Ne
braskas pioneers. will occur tomorrow after
noon at o'clock at the First Presbyterian
! church. Mr. McColl settled in Lancaster
county over thirty years ago. and was a
| resident OF Lincoln from the infancy of the
| city. For several months previous to his
death, he had been confined in Tabitha hos
pital. He prominent member Of the
| Old Settlers association, and many of them
| have expressed an intention OF being present
| tomorrow at the services.
Omaha people in Lincoln: At the Lin
| ldcll--John Dale. At the LincOln-P. B. Dod-
bridge, j. Monser, w. c. Barnes, Charles 7.
| Rogers.
| Funeral of Burts Oldest Citizen.
LYONS, Neb., Nov. 12.-CSpcclal.) THE re-
mains of Grandma" Everett, mother Of
Franklin. Andrew and Benjamin Everett
! and grandmother of Hon. Fremont Everett,
were buried yesterday from the Methodist
! church, Rev. T. c.. Webster conducting the
| services. Mrs. Everett was in her Seth year,
/ the oldest person in Burt county.
] Mrs LIVING CT pf