Omaha daily bee., 1897-09-22
CASES IN SUPREME COURT
Joe BARLEY Gets Time in Which to Perfect
His Appeal.
PALMER AND FOSTER DISMISS THEIR SUITS
Brontch's Quo WnrrantO Action
Brings Up the Jury Question
Municipal Court Matter
Argued in Detail.
PALMER AND FOSTER DISMISS THEIR SUITS

LINCOLN, Sept. 21.-(Special Telegram.)-
The supreme court met this forenoon with
Judges Post and Norval on the bench. The
court commissioners were also present. In
the Barley case the defendant was ordered
to file his brief within thirty days.
In the Omaha Fire and Police commits
sion case dismissals were made as to Foster
and Palmer on their own motions. p. w.
Birkhauser the other relator, remains in
the case. and by agreement between the at
torneys issues are to be joined so that a
hearing may be had in October.
In the case OF Broatch against Moores, At
torney John C. Wharton made an argument
that a question of fact was 10 be decided,
and that Moores was entitled to a jury trial.
For this reason he asked for dismissal OF
the case or that it might be remanded to the
district court of Douglas county, to be tried
before a jury. He recognized the fact that a
Jury trial could be held in the supreme court
but as there was no money available to pay
n Jury he thought 1t impracticable to Try
the case there. go
Attorney T. T. Ransom broke in with
''Maybe we might pay for the jury
''If the gentleman will pay his own debts
contracted IN Omaha. 1t will keep him busy,
retorted Mr.. Wharton
At the close OF MIR Whartons argumen,
It was learned that the answer had no.
been filed In the case and the issues were
thus not properly made. The court over
ruled the motion to dismiss and ruled ina
no argument could be heard as to the jury
question at this time. Moores was allowed
twelve days to file his answer, and the ques
tipn of right to jury Will be heard a
the next sitting. Judge Post stated tina
the jury question was matter that mac
worried the court ever since he had been OF
the bench, and he desired to have II fulll
gone into.
The municipal court was argued be
fore Commissioners Ragan and Ryan. Jus
tfce Post being in the room most oil tn
time Attorney j. j. Boucher, for the state
argued that the appointment of officers TO
three six and nine years was unconstitu
tional and uncalled tor and that in passlnl
the bin the legislature had exceeded II
power. lie contended that the people wer
capable OF electng their own officers an
that the constitution gave them that righ
The case was taken under advisement.
LINCOLN NOTES.
The bible conference opened last night a
the United Presbyterian church. The IN
structor for the evening was Rev. Addiso
Blanchard, pastor of the SeSohu Somsl efS g.
tlonal church at Denver. His talk was II
teresting as well instructive. Toda
Dean Peck was present and assisted IN mar
ing meetings prontable
The auditorium fund has now reache
81 1850. Rudge & Morris First National banl
ana the state Journal company having eac
contributed $3.50 yesterday This fund doe
not include money being raised from the sa
of buttons. but represents the subscrlptioI
of private parties.
The fire companies made run to the sou'
part of town early this morning and put OF
small blaze. This is the third time II
fire companies have been called to the san
residence within a year.
THE Epworth leagues Of the city will ho
a reception at st. Paul's Methodist churC
this evening to welcome the university ST.
dents. The entertainment will be informa
The funeral OF Fred Nicholson, who di
afternoon under the auspices OF the l..
u. V. society. The deceased, although on