Omaha daily bee., 1899-04-07
BELONGS TO STATE
Home for the Friendless Declared to Be
Property of the Commonwealth,
DECISION OF LONG DRAWN CONTROVERSY
Supreme Court Afirms Ruling of the Lower
Tribunal in the Case,
WOMEN MUST NOW SURRENDER POSSESSION
Supervision by the Society Declared Not to
Be all IrrevOoable Right,
SEVERAL OTHER DECISIONS BY COURT
No Money Appropriated for the Cow
ernor TO Expcnd in tho Purchase
of Medals for the First
Nebraska.

LINCOLN Neb., April 6.-(speclal )--1he
supreme court today handed down an opin-
ion in the Home for the Friendless case,
Affirming the judgment of the district court
and declaring the Home to be a state insti-
tuition The syllabus of the opinion is AZ
follows:
1.The institution established under the
authority of the act of February 2S 1891 en-
titled AN act to establish n Home for the
Friendless in the state of Nebraska and to
provide for the erection and location and
government of the same, is state institu-
tion.
2. BY section of said act the Society of
the Home for the Friendless, an eleemosy-
nary corporation, was given supervision of
said institution, subject to the paramount
authority of the Board of Public Lands and
Buildings
8. The supervision given to said society
over the Home for the Friendless was mere
privilege and not a vested, rrevocable right;
it depended upon the statute and was en-
tirely eXtinguished when section was
pealed.
4. In establishing a home for the friend
less under the authority of said act, the
Board of Public Lands and Buildings could
not lawfully purchase a building site and
take the title thereto to the state In trust
for the Society Of the Home for the Friend
Hess
| b. Real estate purchased by the Board of
/ Public Lands and Buildings upon which to
| erect a nome 1Or the lflenQleSS was conveyed
! to the state of Nebraska for the use and
! benefit of the Home for the Friendless."
Held That the clause "for the use and
| benefit of the Home for the Frendess" was
! not designed to create trust, but was
merely descriptive Of the use to which the
property should be devoted by the state.
Women Must Gi.e Up.
The 1897 legislature passed amenda-
| tory act placing the control of this insti-
! tuition under the governor. Governor Hoi-
comb appointed new officers and employees
| for the home and they were denied posses
sion of the property by the appointees of the
! Society for the Home of the Friendless.
The state attempted to starve them out by
shutting off all state supplies, but the
women secured private donations and pluck
| ilv held on, Then cslne suit in the dis
trict court of Lancaster county to recover
possession and Judgment was rendered in
favor Of the state and against the women
of the home They appealed to the supreme
court which has decided the judgment be-
low right. The society will now be
compelled to surrender possession of the
home.
The writ was denied in the case brought
by the county treasurer of Stanton county
against the state treasurer to compel the
state treasurer to pay the expense OF trans
mittng funds from the county seats to Lin
treasurer is required to issue receipts to
the county treasurers and not to the express
company and that the county treasurers
must pay the expenses of transmittal
The case of Frederick Smith against
Henry H. Silver is dismissed,
The court handed down opinions, affirm
ing the decisions of the lower courts, in the
following cases.
w. S. Martin against Inez C. Humphrey;
George w. Mcbride against j. A. Wakefield
and Winona Savings Bank; w. R. Meal
lister against Laura L. Pitts Willard Ham,
mond against Chamberlain Banking House,
ct al; Reuben W. Rcss against George Il.
Barber, ct al; George NJ Murphy against
Illinois Trust and Savings Bank.
The cases reversed were:
J. F. Daily. administrator, against 3. &
, M. Railroad Company; Globe Loan and
, Trust Company against o, s. Wood; Hugh
; Doak against James Reynolds ct al; A. l..
Hoover & Son against Columbia National
/, Bank; Omaha Brewing Association against
C. Bulnheimer; Albert Hartsuff against
Thomas f. Hall; Chicago, Burlington &
quincy Railroad Company against William
II. Bond, administrator; Connecticut Mutual
? Life Insurance Company against John
Westerhoff; Peter Fox against Kountzo
Brothers; Gus Norberg against Ell Plum
t mer; John N. Frenzer against Alfred r.
Dufrene.
That Thurston County bill.
In the closing hours of the session OF the
legislature II. r. 457 was among the num-
Der of bills that were lucky enough to be
{ pushed TO the front and passed. An ex-
animation of the enrolled bill now In the
possession OF the secretary of state shows
that while in the title 1t is bill for the
relief of Thurston county, it also provides
for the relief of Dixon and Cunning coun-
ties, The object of the bill is explained
by couple of "whereases" that follow the
title and reads as follows;
Whereas, Thurston county has incurred an
Indebtedness in the aggregate to the amount
of S5,lS2 In the prosecution Of three criminal
= cases for felonies as follows In the case
of the state against Henry M. Rice and 9th
y ers for murder, $3.50; in the case of the
= State against W. G. Ream for cattle stealing,
$753 SO, and in the case of the State against
= j. Sidney Goodmanson for murder by poison-
: ing, $257S15; and,
e. Whereas the financial condition of said
= county Is such that the burden OF the above
= indebtedness cannot be paid without serious
= embarrassment to the local government of
s said county.
p Then comes the peculiar part of the bill.
q It appropriates $3,214S6 for the relief OF
: Thurston county ITO lquidate and discharge
, the Indebtedness against said county in
4 CURED I'm the prosecution Of W. c. Ream and
h j. Sidney Goodmanson for felonies"
The second section Of the bill proceeds to
appropriate money for Cunning and Dixon
+ counties in the following language;
That the auditor of the state OF Nebraska
! Is hereby authorized to draw his warrant
upon the state treasurer Of the state OF Ne
braska for the sum cf S63O5s in favor or
said Cunning county, and the sum OF S2,5s4 4S
in favor of said Dixon county.
d The counties Of Dixon nor Cunning ar.
c not referred to in any other part Of the
s bill and no reason Is given why said sums
+ are appropriated In figuring up the totali
n apprc prIated the three counties In the en-
r rolled bill 1t makes s6,42962. while the sun
D. mentioned in the first part of the bill, al
J. shown above, was S. 1872.
The bill as originally introduced by Rep