Omaha daily bee., 1899-11-24
BANKS ASSETS WILL Be SOLD
Supreme Court Assures German Savings
That it Is Iusolvent.
MAYOR tNsoR NOT GUILTY OF CONTEMPT
Governor VIII Investigate killing of
Private Morgan, Deserter, Holding
the Act UntustifnbIe Except
Under Martial Law.

blNCODN, NOV. 23.-(Special. Tine su-
preme court adjourned this afternoon after
important cases.
In the case OF the State OF Nebraska
against the German Savings Bank OF Omaha,
the court held that the order appointing
receiver for the defendant constituted an
adjudication that the corporation was In
solvent and no appeal having been taken
therefrom. the order was forever afterwards
conclusive upon that question. This cause,
or some phase OF 1t, has been three times
before the supreme court and as many opin-
Ions have been written.
The sole question the court was asked TO
determine was whether the district court
had jurisdiction to make an order for the
sale OF the remaining assets OF the bank.
1t was argued by the counsel for the bank
that no such power existed until there had
been entered decree in the cause adjudging
the insolvency OF the corporation and cr-
dering the affairs to be wound up. The
opinion closes with the following:
I'm the case at hand the order appoint
ing McCague as receiver OF the German
Savings bank determined that the corpora
tion was insovent. and the question is no
longer an open one. The proper time for
the bank to have made that defense was
before the receiver was appointed. 1t can
not do so now. The question OF insolvency
having been adjudicated the court was not
without jurisdiction to order the real estate
sold. There is nothing in the two previous
decisions heretofore cited which is ncon-
sistent with the views herein expressed.
The order is affirmed"
south Omaha Contempt Case.
Among the other cases decided was the
South Omaha contempt case The decision
OF the court releases Mayor Ensor from liza
bility for contempt but the Judgment
against Policeman Hydock is affirmed. The
court holds that one who willfully disobeys
a notice or restraining order OF court is
guilty OF contempt Of court Proceedings in
contempt are in their nature criminal. the
rules OF strict construction applicable to
criminal prosecution obtain therein and pre-
sumptions will not be INDUCED in to sustain
q conviction of court
This case was appealed to the supreme
court from Douglas county, where an order
was Issued by the court restraining Mayor
Ensor OF South Omaha and Policeman Hy- |
dock from interfering with Ed Johnston in !
the discharge of his duties as challenger in
ward voting place. Johnston was elected |
from the voting place against his will, but
the supreme court holds that there is not
sufficient evidence to show that the mayor |
was in any way responsible.
In the of Samuel r. Kocher against |
Isabel Cornell and her husband to recover !
a money judgment the court decides the |
following very important question: "Is the |
property which a married woman acquires |
by Inheritance after the execution by her Of |
contract Of suretyship binding her separ-
ate estate in general terms liable for the |
satisfaction of such contract?"
The opinion of the court is that while |
under the provisions of section g. chapter |
So. compiled statutes OF 1899, a married |
woman may be sued upon her contracts,
the theory of the law still is that the prop |
erty, on the faith of which she obtained |
credit. is the real debtor and consequently |
constitutes the only fund from which cred
itor may obtain satisfaction of a claim.
The supreme court examining commission |
has admitted to practice the following can
didates: Henry G. Hopkins, York; John A. |
sheehan. Douglas; John G. Potter, Nuckolls |
and Grant N. Anderson, Wheeler.
Governor Poynter Explains.
Governor Poynter has been subjected to |
a deal OF criticism concerning the wording |
OF his Thanksgiving proclamation, and to- |
day the following request from the New
York World asking for an explanation was |
received at the exeuctive onice
= Hon: w. a. POINTER, Governor. Lincoln:
In your Thanksgiving proclamation YOU |
are quoted as using these words, Lest we |
forget and lust of power causes us to for
get the exalted mission of the republic and |
and by the people perish from u.s. Will |
you obligc the World by wiring in 800 |
words your views on the Philippines;
THE WORLD.
Governor Poynter replied as follows
New York World, New York City: Re-
plying to your inquiry, would say your tel
egram quotes me Incorrectly. My Thanks
giving proclamation nj loi,
with grateful hearts His guiding hand in |
our growth to our present greatness let |
a lust of power c'luse us to forget the ex-
allied mission of the republic and gov |
sGr OF the pe9pe by the people
was led to embody this thought from |
the tendency manifested In expressions
and writings OF many able men In the ma
tion who advocate the doctrine of a colo |
nial policy and a large standing army, |
either Of WHICH Is contrary to the funda- |
determination to subjugate the people of !
the Phllippines and treat with them after
ward ward seems ems to %, me the policy of an empire
a government which derives its just
powers from the consent of the governed" |
force. believe ' in the God 4Dssetion of Sstions by
believe In His overruling providence in the
establishment of our government founded !
continue to ask His guidance as nation
so long as We adhere to the principles for
the eStaDuSnment OF which He
fathers His aid. Forsaking these sacred
principles, peoples government will perish
from the earth.
w. A, POINTER, Governor.
Governor Poynter has decided to invest-
gate the shooting of Deserter Morgan in
Sarpy county by two soldiers from Fort
Crook. Morgan and another man attempted
to escape from the fort and Corporal Faire
and Private Jockens were detailed to pur-
sue them. Morgan was shot, but the other
man escaped. Governor POINTER brought
the matter to the attention OF the attorney
general this afternoon and that official will
look up the law in the case. Speaking of
the shooting OF Morgan Governor Poynter
this afternoon said
II am OF the opinion that no man is
justified in shooting another. except in in
stances where martial law has been de-
clared. Nebraska is not under martial law
and therefore those two soldiers were not
justified in shooting. | do not know that
they were ordered to shoot the deserter,
but II they were. the superior officer who
issued the command is just as guilty as
they are. He has no right to issue such
an order"
Suffrage Meeting 80 West Point.
VI