Omaha daily bee., 1901-01-17
SUPREME COURT SETS DATE
Case Involving Amendment to Be Submitted
Wednesday, January %.
PRINTED ARGUMENTS MAY Be FILED
Two Attorneys for Each side Are to
he Allowed One Hour Each for
Oral EHort-Bonppsrte Dam
Case In Again.

Oral EHort-BonnpBrte Dam
Case IN Again.
DIES MONIES. Jan. l6-(Special.) )-The
supreme court of Iowa this morning
granted the motion to advance the case Of
Bailey against Brookhart from Washington
county being the case involving the
Titus amendment, and set January % as
the date for submission OF the case to the
court. The arguments are to be printed
and other persons interested in the case
or similar cases may file printed argu-
mcnts in connection Herewith. Oral argu-
mcnts will be allowed by Two attorneys for
each side, for one hour each.
The court today heard arguments in the
case involving the celebrated Bonapartc
dam across the Des Moines river. This
dam was erected by the government in
1852 transferred to the state and sold to
Meek Bros, the present owners. many
years ago. An effort was made to buy 1t
and another effort TO have 1t condemned
and several legislatures have considered
the case. but the dam remains. The pres
ent case comes up on appeal from a fine
imposed on the owners of the dam for OBJ
structng the passage OF the fish up the
Des Moines river. The case is being prose
cuted by the State Sportsmen's association.
Today was reversal day with the court, as
Ave OF the six cases filed were reversals as
follows:
John G.. Gasnick against T.. II. Steffensen
ct al, APPELLANTS, Shelby county: question Of
priority of liens on personal property; re-
r. NJ Hicks administrator against J. II.
Williams. appellant Appanoosc county; ac-
j. 7. Stubbleheld against Philip and
Martha Gadd, appellants, Adams county.
subtecting land to payment OF judgment
Mary Oxtoby ct al appellants, against
Mary j. Henley Wright county; action on
Peter Kraft, appellant, against r.. II. and
j. Nj. Welch: Fayette county: controversy
over erection OF creamery on leased
II. A. Chapman against George Weiny ct
az, appellants; VanRuren coggnty ,I to re-
twenty hogs claimed under chattcI mort
gage: affirmed.
In the case of Stubbleield against Gadd.
from Adams county, the question at issue
related to attachment on land after a series
OF compile ations and the case was reversed
on the ground that the action on a note was
not commenced until twelve years after the
note became due. The court declared that
"the cause OF action, II not barred, is so
stale that equity ought not to enforce it,
Woman Sentenced for Life.
District court at sigourney today SEN
fenced Mrs Sarah Kuhn to the penitentiary
for life for numbering her husband He
was crippled and on their return from a
picnic at What Cheer she put arsenic in his
beer and he died soon after reaching home.
Insurance Company MuddIe.
o. G. Knudson Of Des Moines has tempo
rarily blocked well-planned project for
the sale OF an old-established Iowa insur-
ance company to company in California.
The transfer OF the business OF the South
western Mutual Life association to the
Conservative Life association of Los Ange-
les was all but consumma ted at the meet
ing Of the policy holders of the former COM
pany In Marshalltown. when Knudson inter-
posed with an injunction and hung the case
up until the court can investigate. The
Southwestern has been much sought after
by other companies A Des Moines COM
pany tried to buy the business and con-
solidate and then the National Mutual Life
association Of Minneapolis tried to buy the
business. These deals failed and recently
officers of the Southwestern sought and OBJ
tanned proxies to be used at the annual
meeting for the ayowed purpose. it is al,
legged, of making changes in the company
to comply with Iowa laws, but afterward
announced that the proposal to sell to the
Los Angeles company would be taken up.
The officers of the Southwestern resigned
and officers or agents OF the Conservative
Life were placed in full control. David W.
Edwards. president of the Conservative
Life; Wilbur S. Tupper. vice president, and
George |. Cochran. counsel for the same
company, attended the meeting of the
Southwestern to complete the deal but at
this juncture Knudson, as a member and
policy holder. on his own behalf and that
| of all other policy holders, interposed with
an injunction and the matter is tied up
until next week. when Judge Caswell can
hear evidence on the injunction suit. The
! policy holders may demand an accounting
from the old officers who were in the deal
to make the sale, as 1t is believed by some
that they did not act fairly. The state
| auditor has tacitly approved the transfer
| OF the business of the Southwestern to the
| California company, which guarantees TO
| leave the securities in the state. In the
meantime, with the representatives of the
| California company in virtual control, they
| are unable to do the business of the com
| pany or complete the sale and the prospect
is good for interesting legal complications
Governor Goes for OIL.
Governor Shaw OF Iowa is one OF the
| persons heavily interested in lands in Texas
near to the recent startling discoveries OF
petroleum, and the governor and Others
who have property in Texas in the new oil
region have started southward posthaste
! to either sell out or enlarge their holdings
| A Des Moines company, OF which Governor
| Sfaw is leading stockholder, owns 1000
| acres of rice land near Beaumont The
| company this week sent an excursion party
| to Texas to look at the land and dispose
| OF the same. Now 1t is related that the
company has been offered big advance fol-
| the entire tract by persons who believe tha
IL ere is oil beneath the land
Three Years for Robbery.
James Kennedy today pleaded guilty II
the district court to the robbery OF EC
Cornwall and was sentenced to three years
| in the penitentiary. Kennedy and a MAJ
named Crippen committed the robbery OF
the Burlington bridge in this city in Jun'
last. He was arrested two months ago a
Cheyenne Wyo., and brought back for trial
lie had pleaded not guilty, but when HI
| was confronted in court with his victim
who had come from Violin, S. D., to testify
he changed the plea TO guilty and was sen
| fenced.