Omaha daily bee., 1902-03-12
SALOON RIGHTS OF CITIES
Constitutional Privileges Involved in Law
suit from Custer County.
BONDS VOTED ARE NOT YET ISSUED
Mrs. Martha Granger BeEins Second
suit for DIvOree within SIX Weeks
General News of he
y state.
rrom a stan correspondent.)

LINCOLN, March
constitutional right Of cities to prohibit the
operation Of saloons within a certain terri
tory Is involved In the suit Of Taylor FLICK
which has been appealed TO the supreme
rourt from Custer county. Mr.. Flick owns
a building in territory OF Broken Bow.
within which the operation Of saloons and
billiard halls has been prohibited by city
ordinance. He wishes to rent a portion OF
his property for the forbidden business and
asks the supreme court to give him the de-
sired relief.
In the district court Of Custer county a
decision was given in favor Of the city and
Mr.. Flick Immediately appealed. acting as
his own attorney. The city Of Broken BOW
through its attorney. A.. r. Humphrey, to-
Gay fled an argument In the supreme court
In support Of the ordinance. 1t is asserted
that the right OF a city TO regulate, locate
and fix boundaries IN which certain bust
hesses. amusements and trades may be car
ried on within the corporate limits has
been sustained by the supreme court in the
case Of Gustave r. Wolfe.
The court is given to understand that In
this case 1t was held that ordinances re-
lating to the health. comfort, convenience,
good order and general welfare Of the in
hab!tants OF a Municipality are authorized
under the police power Of a city. Further.
Il is said: "And that citizens holding
property in the city holds Il subject to po-
lice regulation; that IL shall be so used not
to prove pernicious to his immediate neigh
bors or to citizens generally.
THE police power Of a state deals par
t~icularly with the rights OF q state or city,
10 so regulate its system Of government az
10 conserve and preserve public order and
10 establish for the intercourse of citizens
4 rule Of good name and prevent a con-
nict of rights. To permit any of the classes
Of business mentioned In the law, namely,
billiard tables. bowling alleys, houses Of
prostitution, etc, to attach themselves to
or alongside OF business houses, churches
or wherever the owner thereof may wish to
rent or own q building and open their doors
Tor business, IS demoralizing to public
morals and detrimental to good citizenship.
The statute makes no distinction In the
businesses named in the section. The law,
the regulation that controls the house of
prostitution. must govern and control the
billiard table.
we submit that the power to so regu-
late the location OF the billiard hall is con-
ferred on cities by statute and the ordI-
nance passed, by the defendant city, being
within the power conferred. is a legal ordi-
nance and the instructions Of the trial
court to md for the defendant should be
sustained"
Bonds Voted Are Not Issued.
For some unexplained reason the bond.
voted at the last municipal election fol
the erection Of a lighting plant have not
been issued BY the city authorities. tn,
city council last night passed the following
resolution, which was introduced by ]. c
Pentzer: Resolved. That the finance com.
mittee of this council be requested to re.
port In writing at the meeting TO be helt
March 1ze What has been lone with tn,
bonds voted b the people Of this city FOL
the purpose of establishing a lighting plant
what attempt or attempts have been made I,
sell these bonds, and with what results.
The bonds voted amount to $4,000.
Second suit for vOrc
Mrs. Martha Granger today began he
second suit for divorce within six weeks
Early last month under the name Of Mrs
Martha Davis she applied for legal separ
alton from her husband. Lorenzo X. Davis
In the trial it was shown that at the tim
of her marriage she was the wife Of an
other man from whom she had never bee
legally separated and the contract wa
therefore annulled. Now the woman ask
for a divorce from her first. or legal, hus
band, Milton Granger, whom she Marie
In this city March 5. 1891.
New incorporation.
Articles Of Incorporation Of the Butte Ian
and Trust company OF Butte. Boyd count,
were recorded in the secretary Of state
once today. The capital stock Of the com
pany is 100000. It's ineorporators are: I
". Forbes. 7. s. Armstrong. e. G. Barnun
wilfred standiford. NJ. p. Meholm. Nicolau
sieier. w. d. Forbes. Jacob H. Sieler.
8. Warner. N. z. Gardner. @. w. Short an
II. r. Maxam.