Omaha daily bee., 1902-10-26
DEEMER IS NOT A SOLOMON
Takes Practical View in Dispssing Of
OuItody Of q Little Child.
DECISION HELPS OUT MUNICIPALITIES
Courts 60 BE Called on 20 AIR n
Scandal Growing out of Erection
of n Court House In
Dallas County.


(From a STAFF Correspondent
DIES MONIES. Oct. 25.-(special.)-The
Iowa supreme court utterly rejects Solo
mon as a guide in how to dispose of a baby
in dispute. claimed by two persons. The
case is more nearly a Nebraska case than
an Iowa one. Mae Murphy, an Iowa school
teacher, was secretly married to william
Mcdonald in New Mexico in 1890. The
wedding was kept a secret and in Septem-
Der, 1891, the child in controversy was
born in Omaha. Leaving the child with a
Mrs. Pressed she twelve days later re-
turned to Iowa and began a term Of school.
She claims that she was to give Mrs. Pres
sci $50 for caring for the child for Eve
-onths, or until the school term was
ended. and she sent the money, and that in
February she went to Omaha but could hnd
neither the woman nor the child. In the
meantime she married a man named Chap
man, with whom she lived only a short
time. Mcdonald had died soon after the
marriage. About a year ago she found her
child In possession Of Mr.. and Mrs. F. e.
Stitt at Kenesaw. Neb. They claimed Mrs.
Pressed had given 1t to them on assurance
the mother would not call for It. Mrs. Pres
sci says she advertised in The Bee and
stitt, a barber, answered and got the child.
and that its mother had asked TO have IL
disposed of. An attempt was made by the
Stitts to have the child adopted under the
Nebraska law, but this failed. The mother
of the child brought suit in Fremont county
for possession of her child, the Stitts then
living at Sidney. Judge Green refused TO
order the transfer Of the child. The SUI
preme court finds that both families are
able TO care for 1.-THE child and that both
have shown a right spirit. THE case is an
exceedingly trying one" says Judge
Deemer, 'for no matter how decided 1t will
bring grief and tears and almost intolera-
BILE heartache to the defeated party, The
law seems to have no scales with which to
measures affairs of the heart and has
wisely. perhaps, refused to settle such mat
ters on an emotional basis. But there are.
of course, some fairly we'll established
rules to be applied to. such cases. the re-
suit OF human experience and observation.
1t is manifestly impossible as well as i'm
practicable for us TO apply the test applied
by that wise man Solomon, wherein he pro-
posed to divide the child and give one half
10 one claimant and one half to the other"
The court says the only test is what is
best for the child under all the circum-
stances and as the trial court, having bet
ter knowledge of all the circumstances than
the appellate court, left Its custody with
the foster parents. the supreme court re-
fuses to disturb this ruling.
Municipalities and Debts.
The supreme court today reversed a very
important case from ottumwa, where the
city had been e~njoined from entering into a
contract for the erection of city water
works on the ground that 1t would create
a debt in excess of the constitutional limi-
tation. The city had contracted to pay
$400, BOO In installments and levied a tax to
pay the same. The CONT holds that this
does not create an additional debt such as
that prohibited by the constitution. The
decision opens the way to relieve many OF
the cities Of Iowa from embarrassment on
account Of the debt limitation.
Courthouse Scandal.
There is brewing a good deal OF a scandal
in regard to the courthouse in Dallas
county. Injunction proceedings were com
meneed a few days ago to prevent the pay
ment Of about SAT, 900 worth OF warrants
issued In excess OF the amount authorized
for payment for the county courthouse and
Jail. That II might not be regarded as q
partisan movement the injunction proceed
ings were commenced by a republican and
a democrat Jointly, both prominent resi-
dents OF Perry and OF unimpeachable char
aeter. Investigation has been going on AN
IT is now asserted with positiveness tina
the county has incurred obligations
amounting to a total of $i52, 900 since tn
building Of the courthouse was commenced
The original contract with an Iowa Cit!
firm was for building the courthouse TO
about S75, 900. An investigation will be lie
gally made as to the cause OF excess.