Omaha daily bee., 1900-10-19
PORTER'S NAME IS ENDORSED
Supreme Court Upholds the Secretary oi
State in His Decision.
niD-aoADsRs TO BEAR THAT DESIGNATION
Court Rules that Appeal May He
Taken from Judge Below. but
Divides on ttie Question of
Party Appciistion.

LINCOLN, Oct. lS.--(specisl)-Th STU
premo court this afternoon reversed the or
der of Judge Holmes Of the district court
directing Secretary Of state Porter to GER
tify TO the county clerks the nominations OF
the populst party. This decision will permit
the county clerks to use the prefix, mid
read" put on the sample ballots by Secre-
tsry Porter. The populist candidates ar
gued through their attorneys that the court
had no jurisdiction to try the issues OF the
case, but upon this case all three judges
agreed. Chief Justice Norval. however dis
sented from the judgment Of reversal. No
opinion was handed down in the case, the
decision being simply entered on the court
record.
In the case OF the Young Mems Christian
association OF Omaha against Douglas county
the court decided that the portion OF the as
sociation's property occupied for business
purposes is not used exclusively for devo-
tional, charitable and religious work and
therefore Ia not exempt from taxation.
The following opinions and orders we're
handed down prior to adjournment:
Whalen against Kitchen. Rehearing on
motion to dismiss allowed
State cx rel Constantine j. Smyth, at
torney general against the Grain Grow
ers' Mutual Hall aSsocia ton. Leave 10
docket. orders on motions submitted Octo-
Northwestern Mutual Lif. Insurance COM
pany against Burr. Motion Of 5. B. and
fee sustained.
Anderson against Hendriokson Motion
Wolf against Phelps. Leave to appellee
to file transcript. Motion to strike hrSt
transcript sustained.
Rossiter against Anderson. Objections to
jurisdiction over Andrew Anderson sus-
taired
shaushnessv against So Andrews
church. -Ainount of supersedeas bond re-
HAYDEN against HUFF Affirmed.
Young Mems Christian Association OF
Omaha against County or Douglas Al
Dredla against Baachc. Affirmed:
Zimmerman against State eN rel Bauman
Commonweal;h Mutual Fire Insurance
company against Hayden Brothers. Re
vcrsed and remanded.
state cx rel Irrgators Bank against
Whpple. Affirmed.
Leisenberg against state Reversed and
Porter against Flick. order Of trial Judge
reversed. All concur In question OF jnris,
Judgment of reversal. orders on motions
Missouri. Kansas and Texas Trust com
rany against Clark Rehearing denied.
Brown against sloan Motion t9r renear-
ing allowed. Motion to quash bill OF eN-
CeptiOns overruled.
NJ tne request OF Auult"' '"'h''' ~
torney General Smyth has begun proceedings
in the supreme court against the Grain
Growers Mutual Hail Insurance company
OF Omaha He asks that all rights, fran
chises and privileges claimed by the de-
fcndant be declared forfeited. II Is alleged
that the company is traneacting business
without license.
At the instance OF prominent members OF
the State Homeopathic association circulars
are being sent to representatives Of that
school all over Nebraska asking them to use
their influence against the reelection OF
Governor Poynter It is urged that in the
appointment OF physicians for state insti-
tutions Governor Poynter has not given
their branch OF the profession Just recogni-
tion.