Omaha daily bee., 1902-02-06

Neilan went on aud secured judgment By
default for sSsk Neilan hled an attorneys
lien on the judgment and waited. Holmes
later brought suit In Chicago and this was
settled. When the company got back to
Sioux City Neilan tried to collect his iudg-
ment and the company resorted to an In
junction. which Yves granted. The supreme
court today decided against Neilan on the
ground Of insuniciency Of notice in HIS
original action.
Following are the decisions nled today:
]. E. Harvey. appellant. against J. j.
wieland; Carroll county; Judge Elwood: re-
versed.
Fort Dodge Electric Light and Power
Company against City Of Fort Dodge, J. II.
Able. county treasurer OF Webster county,
and Io%a National bank, intervenor. appel
lants; Webster county; Judge Whitaker;
reversed.
Henry Clay Barnabee and w. II. MacDon-
aid. doing business as the Bostonian Opera
company, against Lawrence Holmes ct al.
defendants, appellants. consolidated with
Martin Neilan. appellant. against Henry
Clay BarnaSee ct al; Woodbury. county;
Judge Gaynor; affirmed.
In the matter OF the estate Of Frank e.
Allen, deceased. Nancy Allen against Emma
@. Allen. executrix, appellant; Emmett
county; Judge ouarton; reversed.
w. @. cowles, appellant, against Chicago.
Rock Island q Pacific Railway Company;
Iowa county; Judge Wade; afirmed.
Jessie Breeding against Klnsey Jordan ct
al. appellants; Wsppello county; Judge
Eichelberger; anirmed.
Condemn for Railroad Purposes.
The Iowa railroad commissioners today
nled an order In the case Of the Chicago,
st. Paul, Minneapolis a Omaha railroad
for condemnation Of certain lands in Sioux
City, granting the order for the condemna-
tIon. The Omaha company desired a strip
from 400 to 500 feet wide and nearly a
quarter Of a mile long adjacent to its
tracks in Sioux City and near the present
shops and ~rounhouse. the same to be used
for additional yards and improvements. The
order was resisted by the property own
ers, and the claim made that the Omaha
company has no railroad line at that point,
because 1t uses the Illinois Central tracks,
and also an attack was made on the legality
OF the organization of the company. The
railroad commissioners overcame this OBJ
lection and decided that the company should
have the right to condemn the land.> II is
probable that an appeal will be taken to the
courts on the legal objections.
A DhOo8ne DACAs
Sheriff Mattern arrived In the city this
morning with Zip" Blaine, wanted here on
conviction OF grand larceny. Blaine dug
out Of the Weiser idaho jail one hour In
advance OF the sheriff. but was recaptured
at Huntington, a small town in Oregon.
twenty miles away. He gave the sheriff
little or no trouble on the return. Attorney
Layton called at the ONCE Of the clerk this
morning and attempted to arrange bonds
for Blaine. Judge Prouty, VIII heard the
case, refused to honor the request. Blaine
will be sentenced tomorrow.
Fighting Smallpox.
The mayor Of Des Moines has appointed
three physicians to devote their entire time
to the care Of smallpox In Des Moines. The
council authorized the appointment Of TWEEN
ty-four physicians in this work, but thus
far only three have been employed. The
number OF cases in the city is constantly
increasing, but the city has not adequate
hospital facilities for all who should be
cared for.
Acts on smallpox Situation.
The State Board of Health had an i'm
portant meeting today and decided that
unless the city Of Des Moines takes de-
cisive steps to suppress smallpox the state
board will take the matter in hand and en-
force the regulations. DR.. Spanlding OF
Chicago reported unfavorably on the situa-
ton here, after z full investigation, and to-
day the Chicago Board Of Health notified
the Iowa board that unless something more
Is done in Des Moines Chicago will insist
on fumigation of all mails from Des Moines
and the inspection Of all trains from Iowa.
The state board appointed a COMMITTEES TO
confer with the governor and attorney gen.
eral to ascertain IL the state board has
power to act where the local boards neglect
their duty. II 1t is decided that the stats
board can act. It will do so in Des Moines.
where practically nothing has been done to
prevent the spread OF smallpox.
The board also passed a resolution ask
ing the postmaster general to require all
mail agents and postmasters in Iowa to be
v~accinated. A delegation from Council
Bluffs appeared before the board to insist
that the board shall ask for legislation
placing On the counties the entire cost Of
quarantine.