Omaha daily bee., 1898-07-20
MOTION FOR A REHEARING
Herdmanites in the Supreme Court with
Their Formal Application.
CITE TWO INSTANCES OF ERROR ONLY
Court Should Not Have Sustained the
ana should Not Have
Decided the Case Against
the Respondents.

LINCOLN, July 19.-(special 1.-THE mo-
ton for a rehearing in the Omaha police
commission case was filed with the clerk
of the supreme court today by Attorneys
Day and Morsem9n fer the Herdman board.
A printed brief containing the arguments
In support Of the motion was also filed.
In the motion the reasons advanced why a
new hearing should be granted are as fol-
lows:
The court erred in sustaining the de-
murrer to the answer of these respondents,
that is to say: The conclusion reached in
the majority opinion is in conflict with
the ruie that the grant of Legislative power
in a state constitution is n general grant
of all powers possessed by the people,
subject oliy to the express provisions con-
tained In tae constitution limiting the gem
eral grant. and such limitations as arise
by necessary implication from such express
provision.
The conclusion reached by the majority
is further In conflict with the rule chat
incorporated cities possess 10 political pow
ers excepting such as are conferred upon
them either by the constitution or by legis-
lative grant, and that the power of the
legislature over cities Is subject to no re-
straint excepting such as is found in ey-
press provisions of the constitution or de-
rived by Interpretation of such express pro-
visions.
No provision or provisions of the con-
stitution by any process of Interpretation
take the power in controversy out OF the
general grant of Legislative power to the
legislative department. The majority
opinion rests upon the Interpretation and
application of eXtraneous facts and not
upon any provision or provisions of the
constitution.
The court erred in rendering judgment
OF custer against these respondents; sneci-
fcattons same as aoove.
Lincoln Local Notes.
A heavy shower of rain fell here at 1
o'clock today.
The police department Of Lincoln has
adopted the plan of setting Migrants to
work on the stone pile.
The Evening Call, which has had a hard
struggle for several years on account OF
the limited field, ceased publication today,
the business being absorbed by the Evening
News. This leaves Lincoln with one morn
ing and two evening dailies.
Judge Lewis OF the supreme court OF
Kentucky was in the city today on his way
home from a visit at the exposition and
made a call at the state house during the
day. Judge Lewis is well pleased with Ne
braska, and specially SO with the exposi-
ton.
The Pawnee City Military band, which
has been filling an engagement at the eX-
position, stopped here three hours between
trains and the members were entertained
at luncheon by the Union-C Commercial club.
The band gave n short concert on tho street
just before noon.
Mrs. William M. Gillespie died last night
at 9 O'Clock at the family residence, 1923
G street, from liberation Of the brain.
Mrs. Gillespie was born in Ottumwa, la.
in 1874 and came to Lincoln twenty-five
years ago. She was a prominent member
of st. Paul's Methodist Episcopal church.
An attachment was served by the deputy
sheriff on the goods at the dormitory of
satisfy a $500 Judgment belonging to Jacob
North. The officer arrived at the dormi-
tory just before supper time and cartel
away all the vegetables and other eatabies
found in the establishment This morning
some kind Of a settlement was effected and
the commissary stores were taken back TO
the dormitory.