Omaha daily bee., 1896-06-19
REOPENS POOR FARM CASES
Supreme Court Grants a Rehearing on the
County's Motion.
JUDICIAL FUNCTIONS OF COMMISSIONERS
of the Board to Adjudicate
Claims Against the County As
serted, ns Well as the Va
lidity of the Sale.

LINCOLN. June 1s.-(Special.)-The SUI
preme court today granted a motion for a
rehearing in what are known in Omaha as
the poor farm cases" There are two
distinct cases. one in which Emery NJ. STEM
berg and others, county commissioners OF
Douglas county, appear as plaintiffs in err
ror against the State Of Nebraska ex rel
Charles b. Keller and others, defendants;
the other, the county of Douglas, plaintiff
in error. against Charles B. Keller and
others, defendants. At a recent hearing
before the supreme court the case was de-
cided against the county of Douglas. The
motion for a rehearing, on the part OF the
county, sets up that the Board Of County
Commissioner OF Douglas county is a judi
cial tribunal and that in passing upon
claims against the county it exercises judi
cial power in a constitutional sense and
that it takes jurisdiction of claims against
the county precisely as courts take juris-
diction of controversies between individuals.
The question is asked, If the Board of
County Commissioners is not a judicial tri-
bunal, why has it a right to inquire into
the validity of deeds of the county valid
upon their face?
Another point urged is that the lots in
Douglas addition, conveyed to Keller and
DOGlt III Nay, 1884,, were HOI part VI ~
public grounds Of the county, and the deed
OF the county alone Invested the county OF
its title to said lots, and vested the same
in Keller and Doane.
The seventh section sets up that II the
lots conveyed to Keller and Doane were
part of the public grounds of the county,
nevertheless the conveyance was valid be-
cause only a majority of the votes cast
upon the proposition to sell was required,
and the proposition to sell did receive a
majority of all the votes cast upon the
proposition.
The supreme court adjourned today sine
die.
State Auditor Moore said today that the
statement made by a local evening paper
published in this city to the effect that he
had stipulated with the Farmers Mutual
Insurance company that it might go on
transacting business and making collections
on its outstanding notes until October 10
was untrue. The attorney for the company
had made such a request of him, but he
had promptly refused to accede to it. The
auditor said today that the company was
willing to accede at once to the ruling OF
the supreme court, and when it did so he
would grant the certificate required.
At 3 o'clock this morning a 2-year-old
child of Mr.. and Mrs. A. w. Farrar, resid-
ing one and one-half miles west Of Davey.
this county, died as the result of having
eaten concentrated lye. Yesterday after
noon while the mother was busily engaged
IN Washing the chlld CLIMBED upon a pOX
and partook freely of the lye. Everything
possible was done to save the child's life,
but it never recovered consciousness and re-
NAMED in a comatose condition until a few
moments before death.
The room of Walt Seeley, at 1920 X street,
was robbed last night, and this morning
Seeley reported the loss of a handsome gold
watch and SAL in money. There is no clew
to the thief.
C. ]. Nobes. ex-warden of the ~peniten-
tiary. was in the city today en- route from
st. Louis to his home in York. Mr.. Nobes
called on Mayor Graham and exhibited a
large and varied collection Of Mckinley
badges which are being worn by different
state delegations now in st. Louis.
Today the thermometer registered 80 de-
grees in the shade, the highest point
reached so far this season.
Omaha people in Lincoln: At the Lin
dell-F. s. Lewis. w. A. Brown, j. C. Ep-
eneter. E. W. North, August Meyer. At
the Capital-C. NJ. Cockrell. w. c.. Gordon.
At the Lincoln-A. L. Conway. Fl. c.
Bronze. A. B. Coryell. G. P. Deitz, Miss
Eva Stickney. Miss Blanche Stickney, c.
G. Scott, W. c. Doane, A. p. Guiou, E. E.
Bruce. C. F. Weller, Charles Ofutt, A.
7 Andrews.