Omaha daily bee., 1898-01-20
PRACTICE IN SUPREME COURT
Enforcing the Rules Has salutary Effect
on Attorneys.
CHANGE IN REGARD TO SERVICE o. BRIEFS
Judges Interpret Rule 81 for the Hence
fit of LitiEnnts, showing Just
what IL Meant by Its
Provisions.


caught tho attorneys mapping, but has also
resulted in better attention on the part of the
attorneys and a larger attendance at the
opening of court. The dismissal Of one or
two cases because of failure or neglect to file
papers in time has caused attorneys to attend
closer to business. In a case yesterday morn
ing the court interpreted rule 8. as printed
in ghe court calendar, as to the time in
which briefs were to be fled that wher the
party serving briefs served them upon the
opposite side out of time and the party upon
whom summons was made objected and pro-
tested at the time of the service because of
the briefs being served out of time, the
briefs, although on file under euch circum-
stances, would not be considered by the
court. If the party who was in default in
the service of the briefs was present at the
time of submission OF the case, however, and
wished to argue the case orally, the oral ar
gument would be allowed, though his brief
would not be considered. But where service
was made and no objection urged because Of
its being served out of time, it would be
treated as a waiver on part of the party
upon whom the service was made and the
briefs would be considered the same as
though served within the rule. Upon appli-
cation, however, of the party who served
his briefs in due time, the court would as a
matter of right permit the filing of the same
upon the opposition. provided 1t did not de-
lay the submission of the cause. 1t is under
stood that the court has under consideration
an amendment to rule Q.
NEBRASKA VOLUNTEER MILITIA.
There is no record at Washington nor
at tho state capitol to show that the Ne
braska soldiers who served during the war
in tho suppression of Indian outbreaks
were ever mustered into the United States
service, and many of those interested are
m hn
made in order that pensions may be
granted tho same as in the case of other
volunteers. In answer to one of the many
inquiries Adjutant General Barry writes:
ESD Norfolk i Neb.-Dtar GSn Friend and 'SHaIl, Com
rade: | have the honor to acknowledge tLe
receipt of yours of the 18th instant, relat-
ing to the record of company a, First reg
iment, First brigade, Nebraska Volunteer
Militia, commanded by Captain John r.
Porter. have already gone into this mat
man Stark from the Fourth district of
Nebraska, who 'nas similar case pending
6ef9re a9 the unG9 States 9ee Md
braska City, late private of company A,
First regiment, Second brigade, Nebraska
Volunteer Militia commanded by Captain
Thomas V. Stevenson, who has been look
ing the matter up. L have also forwarded
certified copy of the records of these or
torney, residence at Wilbur, who is prose-
cutting cases before the department, and
as | understand, before congress-
There is not the least doubt in my mind
but tnat the members of these several
commands should have been placed on the
same footing as that of the volunteer
soldier, during the late civil war These
men were imbued with the same patriotic
motives and responded to the call OF duty
in most patriotic manner
The general orders issued in 1864 COM
the actions of the militia of Ne |
braska speak for themselves.
1 mail you copy of the roster of the |
volunteers n Is
sued in 1883.
Any further information that you may |
require, l shall be glad to render you. l |
am, very respectfully, yours, |
C. II. BARRY, Adjutant General. |
GOSSIP FROM THE STATE HOUSE.
w. A. Jones, who wac recently reappointed |
of the Institute for the
Blind at Nebraska City, filed his bond with
the secretary Of state today. The bond is
in tho sum of $10,0 900 and is signed by Rob
ert Brown, Charles Lane and Walter A.
Jones.
The Two Bar Cattle company filed articles
Of Incorporation today, stating it's capital
gtcck TO be $4,000. The incorporators are
C. d. Gould F. NJ. LaGrange and Cyrus NJ
Baker. The headquarters of the company ore
at Fullerton.
Within the last three months "a large num-
Der of new creameres have been established
in the state and a majority of them have
urder the state law. The latee;
one to file papers is the Franklin Creamery
of Franklin 1t has a capital stock
Of $4,000 and the incorporators are II. Plat,
w. s. Blake. E. H. Smith, e. B. Jones and
W. II Austin
According to the report recently filed with
tho governor by J. H. Edmisten state oil
inspector, the number OF gallons of oil in
spected in 1897 was los 223 and of gasoline
81 1876, making a total of 140,419 gallons. The
.otal amount of fees collected was $14,O41.9O.
Tho salaries and expenses of the inspectO,
md the five deputies amounted to $12, ,144.76
Mr. Edmisten thinks that the new law for
he inspection of gaeoline Is productive OF
good results.
The attorney general has filed with the
supreme court an answering brief in the
nandamus case brought by the Society OF
he Home for the Friendless to compel the
payment of the state appropriation. He says
hat the facts stated in the petition are not
sufficient to give the court jurisdiction TO
ssue the writ and holds that mandamus is
rot the remedy.
Omaha people at the hotels: At the Lin :
lell-F. A.. Tidd, r. p. Wilson, Peter Olson, |
4. F.. Mcintosh, Nate II. Cornell r. w. I
breckenridge, Charles w. Pearsal, e. H. |
sngel, j. Pitman, C. G. Scott. f. S. d.
|orhees, j. II, James, G. w. Hankins. E.
}. Wo-ds, II. w. Vessels.
Johnson County Farmers Institute.
TECUMsEH, Neb., Jan. 9-(Special)-
treat preparations are being made by the
in charge for the fifteenth annual
leeting Of the Johnson County Farmers
which will be held at the Court | {
louse Tecumseh, Tuesday and Wednesday |
anuary 20 and 26. The program is as fol- l
ows: Tuesday, 10 a. m. Potato Culture" t
eorge Phillips; "Is the Horse a Back Num- q
er?' e. w, Nelson; Small Fruit" w. r. e
larris; Pruning the Orchard" c. s. Chris I
e. Johnson; ! o'clock, election OF officers;
address; The Relation of the
,mploye to the Employer" Benton Aldrch