Omaha daily bee., 1899-01-29
MULCTED AGAIN
Supreme Court Af1rms Another Judgment
Growing Out of Grave Robbery Article.
CASE OF MYSTERIOUS DISAPPEARANCE
Friends Of james Williamson Relieve
Him to Have Been Murdcrcd-
Congregation Tires of Its
Old Pastor.

DES MONIES, Jan. 2~s.-(Special Tele-
gram.)-Another case against the Chicago
Chronicle company was today affirmed by
the lowe supreme court. 1t was brought by
Edwin Mofat, for an alleged libelous ar
ticle which appeared in the Chronicle two
or more years ago, and duplicating Moffet
in certain grave robberies. 1t involves the
same principles as the Locke libel case,
which was decided yesterday. A judgment
for 81, 700 with interest and costs Is affirmed
by the higher court. The Chronicle made
practically the same defense in this case as
in that of j. b. Locke, asserting that as a
corporation outside Of Iowa and maintain
Ing no office In this state the service of
notice on its low agent could not affect
It in any way. The court makes the same
ruling as yesterday. that the newspaper is
liable for the acts Of its agent.
The following other opinions were
handed down:
NJ. F. Sawyers. Administrative, against A..
L.. Campbell ct al, appellants. from Polk
district, affirmed.
J. p. Mountain against w. II. Low ct al.
appellants. from Audubon district: affirmed.
Haggard, appellant, against Peterson,
from Kossuth district: affirmed.
Laboring Man Disappears.
Another disappearance has come. to light.
James Williamson. aged about 30 years,
a laborer. has not been seen since last
Thursday afternoon. He is a single man.
boarding with Mrs. Holmes at Ala West
Tenth street. He had paid his bill in ad-
vance for two months. owed nothing else
so far as known. and was a steady, sober
man. He was last seen at 8 D. m. Thursday
when he was with Mr.. Haycock. the barber
at SIG West Locust street. talking about
setting up a boiler in the basement. He
took a laundry bundle under his arm and
went out. giving no statement about his
Intentions. Williamson worked for the Des
Moines, Northern & Western road last sum
mer on the construction trains, and since
residing in the city had worked on the
county roads and at digging cellars. Friends
fear he has been waylaid.
Central, southern and southeastern Iowa
Is in the midst OF a cold wave tonight. At
Z this morning the mercury here stood II
above, while at Z this evening 1t was D
below. having dropped % degrees in twelve
hours. 1t is still going down, and the
weather bureau says 1t will go to 10 below
before morning, The cold wave flag is up
for the whole state. and a drop is coming
tonight Of at least 20 degrees.
A big sensation Is about to be sprung In
church circles here and one OF the Oldest
pastors in the state Is to be asked for his
resignation. Dr.. A. l.. Frisbie has been
pastor Of the Plymouth Congregational
church for over thirty years, and is one OF
the most generally esteemed of citizens.
Powerful members Of the church took a dis
like to the reverend gentleman, however,
probably because he is a little old fashioned,
and on Thursday night they had DR.. d.. F.
Lpy n ~ purau,kSopo roctnr frnr, Thinno or,
here for a lecture. 1t was scheduled as a
lecture, but 1t now seems that it was simply
an opportunity for some of the more prom
inent members OF the church to see whether
or not they wanted Mr.. Fox in place of
Frisbie. Mr.. Fox made a good impression
and it was stated by one of the deacons in
the church that the change would probably
be made very coon.
Bound to Have the Convention.
The citizens Of Des Moines met on Mon
day to organize the company which is to
erect the auditorium demanded by the re-
publican state central committee. The last
republican state convention passed a reso-
luton 20 the effect that this years state
convention would be held in Des Moines pro-
vided this city would build a large audi
forum. 1t now has a larger hall than any
city in the state, but the politicians wanted
something better. AS a result $40. 900 has
been raised and work will very
soon on a large building or convention hall
that will seat from 1000 to 5000.
Judge S. +. Prouty of the equity division
of the district court today rendered a most
important decision respecting the rights of
homesteaders formerly holding property out
side the city limits. but which was taken
into the city by the act of 1890. increasing
ff,n hpnp1arips Of tho nitu II 10 aS.ippatal
that the decision will affect several hundred
property owners in Des Moines. The case
was entitled j. Fl. and Lena Sagers against
C. A. Childers. A demurrer of the defendant
to the petition of the plaintiff was overruled
by the court. The plaintiffs grantor, Mrs.
Littleton. owned six acres OF land outside
of the city of Des Moines prior to 1890 which
was occupied by her as a homestead. by
the act of 1890. increasing the boundaries
of the city of Des Moines. this homestead
was included within the corporate limits OF
the city of Des Moines. While the properly
was in the country and occupied as a home
stead, the plaintiffs grantor was entitled 10
the whole six acres as a homestead. When
it became a part of the corporate town she
would be entitled to only one-half acre. I'm
der the code of 1873 this land. although it
became a part of the city, would not be re-
duced to the one-half acre as a homestead
IL it was plated. BY the new code OF 1897
this rule was changed, providing in SUB
stance that the homestead should
be reduced to one-half acre il
within the corporate limits OF
4 city or town. Numerous persons had OBJ
tanned judgments against plaintiffs grantor
since 1890 and prior to 1897 and the question
was whether their judgments were a lien
upon the Ave and a half acres other than
the homestead within the corporate limits.
The court held, first, that the law OF 1890,
which extended the boundaries of The city
OF Des Moines would not change the home
stead rights of this six acres, that law be-
ing one of special legislation and therefore
unconstitutional as affecting the rights Of
the homosteaders. The court further held
that under section As of the code of 1897,
repeating the code of 1873, all rights that
had then accrued were reserved and as far
as property was vested with a homestead
right at the time Of the adoption of the
code of 1897. this right was still reserved
under the new code.
city Politics warming Up.
CRESTON, Ia, Jan, 2S.-(Special.)-C
politics mas commenced TO annoy the mind
Of the local politicians and mayoralty candi-