Omaha daily bee., 1902-04-27
COURT ENJOINS CONTRACT
Hold the Two Lancaster Commissioners
Acted Without Authority.
DIVISION FENCE CAUSES HOT FIGHT
Parties 60 Both sides of the COntro-
versy Tried I'm Police Court and
Fined for Their share
in the Array.
DIVISION FENCE CAUSES HOT FIGHT
From a star corre.pondent.,

bAaN1CAaNH AkAh NsRFNAaAaN- sAAhN
Frost Of the district court this afternoon
gave a decision which, in effect, annuls
the contract recently made with c.. G. Shee-
ley by the Lancaster county board Of com-
mi5sioners for the construction and repair
OF bridges and culverts in this county. The
Injunction given restraints the commission
ers, the county clerk and Mr.. Shelley
from proceeding under the contract or
agreement and enjoins the filing. consid-
Grafton OF allowance Of claims for work
already performed or for supplies fur
nished. This order. however, is made con-
ditional on the filing Of a bond for 81. 1000.
1t was shown by the evidence and testi-
mony that two members Of the board Of
commissioner entered into the contract
with Shelley without either notifying the
third member, advertising for bids or con-
sidering other proposals. In various ways
the terms Of the contract itself were alleged
to have been violated. both by Mr.. Shelley
and the commissioners, who signed 1t on
behalf Of the county. It Is probable that
q motion will be made for a rehearing.
Trouble over Line Fence.
At the conclusion Of a sensational trial
in police court this morning ]. F. Lansing.
a prominent real estate and business man.
and builder Of what is now the Oliver thea
ter. was fined IS and costs for assaulting
Mrs. Gotlieb VESSEL. The Vessels own
property adjoining Mr.. Lansing's residence
lot at Eighteenth ana X streets and for
several months the owners have been in
dispute as to the dividing line. the Wes-
sells claiming hat their neighbor was
trespassing on fully three feet Of their
land. About a month ago they tore down
the fence during Mr.. Lansing's absence and
erected a new one where they claimed the
dividing line by right ought to be. MI.
Lansing was a~pprised OF the proceeding and
FASTENED to the scene. He jerked the new
fence down and some hot words were
spoken by persons on both sides Of
the controversy. During the discus
sion. in which the family Of Mr..
VESSEL took an active part, Fritz
and Herman VESSEL, sons Of Gotlieb wes-
sell. ran into their house and emerged a
few minutes later with two shotguns. One
slot was fired but took no effect. The
other weapon was leveled at Mr.. Lansing's
face. but was pushed out Of aim by the
boys mother and sisters.
In the melee Mrs. VESSEL was struck
by a board in the hands of Mr.. Lansing.
and in the trial today she alleged that Ian
sing used Insulting language In speaking to
her. Fritz and Herman VESSEL were ar
rested subsequent to the occurrence and
both fined $40 and costs. A few days after
the case was settled a complaint was made
against Mr.. Lansing and his arrest fol-
lowed. Hearing was continued until today.
The complaining witness in the first case
was the defendant today and the defend
ants before were today the principal wit
nesses for the prosecution.
A singular feature Of the proceedings
was the fact that Mr.. Lansing was de-
Tended by the attorney who was his legal
antagonist for ten years in a series Of ex-
traordinary cases, all involving or growing
out OF the differences between the owners
OF the Lansing theater. The legal fight
for the ownership Of this building was one
OF the iercest ever waged in the courts
OF this county. 1t will be
that Mr.. Lansing was so persistent In his
efforts that he employed a force Of men to
enter the theater after a performance one
night and strip It Of all movable fixtures.
The scenery. stage %trappings. draperies,
carpets and numerous other things were
removed from the building. Even the
chairs In the parquet we're loosened from
the floor. preparatory to taking them
out. Mr.. Lansing declined to pay the IS
fine and announced his intention of appeal
ing to the district court.
New Companies
Articles OF incorporation for the
fldtlsmOutn rover Oanal company nave
been filed with the secretary of state.
The concern has a capital stock of s25, 600
with the reserved right Of Increasing It to
s., 900. 900. The incorporators are C.. C.
Parmele. T. E. Parmele. Byron Clark. T.
NJ. Patterson. H. c. McMaken. C. d.
Long. J. L. Root. F. J. Morgan and D.. c.
Morgan.
These companies have filed articles Of
Incorporation in the secretary OF states
once: The Western Amusement Company.
Omaha; capital stock. S25. 900: incorporat-
ors, William Krug, Charles f. futile. W.
w. Cole. The Torpin Grain company,
oakdale; capital stock. $4,000; incorpo-
rators. Henry Torpin. C. H.. Torpin. Charles
c. Mcdonald. The Perry and Bee COM
pany. Ambridge; capital stock, 81. 900; in
corpo hJrs, A. V. Perry. E. R. Bee and
E. B.. Perry.
Earl b. Leach Of Fullerton has rendered
his resignation as captain OF Company D.,
First regiment OF the Nebraska National
Guard. His successor will likely be
elected at the next regular meeting OF
the company.
II the appropriation for an addition to
the Lincoln postcface is made by congress
Il Is likely that the structure will be put