Omaha daily bee., 1899-11-11

would be held personally responsible for
equipment lost or stolen II has been the
custom to issue new equipment on the pre-
sontation OF a sworn statement that IT Is to
take the place OF equipment lost or stolen
The bonds given by company commanders
are to cover all property committed TO the
care of the captains, and 1t Is their duty to
follow up the criminal IL any Of 1t is stolen.
Ex-Chancellor Benton Of the state uni
versity, but now cf Butler college, Irving,
Ind, has accepted an invitation to deliver
the annual charter day address for the uni
versity, February Is, 1900. Charter day at
the State university was first celebrated dur
ing Chancellor Bentons administration.
supreme Court Opinions.
Opinions in about twenty cases we're
handed down by the supreme court last
night. Meme of the cases we're more than
ordinarily important. In the case of =. J.
| Karbach againet Kate Clark, an action OF
| replevin begun in the district court OF Doug
las county to recover possession OF personal
| property, and which later developed into
] damage suit, was reversed and remanded,
the court holding that the amount CT dam
ages assessed and for which judgment was
rendered was excessive and not warranted
| by the evidence.
In the case of the Lincoln Land Company
against Phelps County the court decided that
in counties under the township system of
government an individual assessment Of
property must bear just relation to the as
sessed value OF all other property in the
town and that II it does so 1t will not be
disturbed The county board in counties
under township organization is authorized
to correct individual assessments only,
where the town board having jurisdiction
has, upon proper application to it, refused
to grant the relief demanded.
| In a damage suit against railroad COM
pany the court decides that where contribu-
tory negligence was the proximate cause of
personal injury there be no recovery
| of damages. When there is no conflict in
the evidence and but one reasonable infer
ence can be drawn from the facts, the ques-
tion Of negligence is for the court.
decision OF interest to county commits
sioners and county boards was handed down
in the of Henry NJ Libbey against
Louis NJ. Davis, appealed from Johnson
county. In this decision it is held that the
power conferred the Board of County
Commissioners to levy road tax is limited
to the levy of such tax for county pur-
poses. The money raised by the levy Of
such tax for county purposes belongs to
the county road fund, to be expended under
tue ulftCllUu Ol Tue county dulnOTltleS, un-
less otherwise provided by statute.
The following cases were reversed and re-
manded Henry Oliver against James F.
Lansing: Sophia L. Bennett, administra-
trx, against Charles C. Mcdonald: William
j. Sweenie against the State of Nebraska; /;
Henry NJ. Libbey against Louis NJ Davis;
John C. Drexel against Andrew Murphy
F. NJ. Herman against Frank p Kneipp
First National Bank against Omaha Ma
tional Bank; p. J. Karbach against Kate
Clark; Omaha Bottling Company against
Michael Theiler, jr.; Marcus Wittenburg
against John T. Mollyneaux Chamberlain
Banking House against Reliance Fire In
surance Company; Chamberlain Banking
House against Hartford Fire Insurance Com
pany.
The following cases were affirmed: Farm
ers and Merchants Bank of Holstein against
German National Bank of Lincoln Thomas
F. Seal, executor, against Farmers and
Merchants Insurance Company; Lucinda
Brady Administrative, against Chicago, St.
Paul, Minneapolis G. Omaha Railroad Com
pany; Oak Creek Valley Bank against Louis
Helmers; l.. H. Lawton against Lizzie Fon-
ner; Philip Dunn against Harriet Bozarth.
The caess of Ida L.. Snyder against Peter
Lapp and B. F. Morris were dismissed
High Schools Creditable Showing.
KEARNEY, Neb, Nov. 10.-(Special.)-
Prof. J. w. Crabtree. inspector OF high
schools for the University of Nebraska Wis
tied the Kearney High school and spent two
days inspecting the work and general con-
ditions. He reports the school as being up
| to the grade and all the work as being Of
the most efficient character Speaking of the
discipline, he said: Il find in your High
| school the hest 0rdar nj oh in
| the state.
| The High School Cadets appeared In their
new uniforms for the first time this morning
and presented a fine appearance. The suits
| are of a cadet gray color, trimmed with black
| braid. The company numbers forty-five. The
young women Of the school also have COM
pany and will soon appear in uniform.
Nebrasknns Observe Golden Wedding.
FREMONT Neb, Nov. 10-(Special.) )-Jo-
siah Lydick and wife celebrated their golden
| wedding at the home on Maxwell av-
enue last evening. Their children and grand
| children residing in this city, together with
a number OF neighbors, were present
Mr.. Lydick is IA years old and is a native
| of Pennsylvania. His wife is 70, and was
born in the historic town or Guilford, N. c.,
! where her ancestors had resiced since before
the revolution. They were married in Fair
Helu, Ia, November ., 1919, ana nave resided
in Nebraska for over thirty years.
News from Ord.
ORD Neb,, Nov. Special)-Vincent
Kokee, who has been county clerk OF this
county for the last six years, has accepted
q position as cashier Of the Ord State bank
Of this city.
William Watson and family go to Scotia
this week, where they take charge of the
hotel.
G. W. Milford & Sons are getting their
new gas plant in shape and in few days
will be heating and lighting their large
store by means of gas.
Graders Precipitated Into Platte.
| PLATTSMOUTH, Neb.. Nov. 10.-(Special)
While railroad graders outfit, consisting
Of team, wagon filled with provisions and
a few horses led behind, crossing the
| old II. L. Clark bridge at South Bend yes