Omaha daily bee., 1902-10-14
CAN RELY UPON TELEPHONE
Supreme Court Of Iowa Passes UpsH . New
Point Of Law.
MOODY HAS GOOD CROWD At DIES MONIES
City Sets n Precedent In Refusing ia
Remit Taxes on Property swept
Away by the Floods of
Last June.
CF1om a STAFF Correspondent

DIES MONIES, Oct. 13.-(Special. Tho
Iowa supreme court today vindicated the
long-distance telephone by deciding that
when a judge Of the district court notifies
an attorney over the toll line that he has
decided a case u certain way the attorney
has a right to rely on the telephone having
accurately transmitted the information.
The case was a complicated one from Adair
county, involving trouble over a sidewalk
in Greenfield. Judge Apologize bad issued
a temporary injunction to prevent the
building Of the walk, and afterward Judge
Gamble dissolved the Injunction. But at
the time Judge Gamble was In another
city and he notified the attorneys over the
telephone line. Acting on this, the city
council caused the sidewalk to be built.
Then the supreme court revived the In
junction, and two members of the council
were called before the court and fined by
Judge Gamble for contempt. They paid
their fines and brought certiorari proceed
ings to test the whole question. The court
held that the temporary injunction was In
fact dissolved at one time and the n~otihca>
ton over the telephone was sufficient. The
fning OF the aldermen was therefore illegal
and the action vas annulled.
In the case Of Sankey against the Rock
Island railway, an action for damages for
personal injuries, the court gave a re-
versal OF Judge Green Of the Pottawattamle
court. The plaintiff was a freight brake
man, who slipped on ice and snow in the
company's yards at Earlham, In 1899, and
had his feet crushed. The court holds that
the company is responsible for keeping it's
yards free from snow and ice only to a
certain extent. The reversal was on error
in not making It clear to the jury what
the law is in regard to the brakeman hav>
ing knowledge of the dangerous condition
OF the yards at the time and thus becoming
a party to the neglect.
Secretary MOOdy's Meeting.
Secretary w. H.. Moody Of the Navy de-
partment arrived In Des Moines Sunday
and remained over today, the guest OF
Governor Cummins. At the state house
! the secretary Of the navy held a reception
informally and during the day met many
Of the leading people Of the city and state.
This evening Mr.. Moody addressed a large
political meeting at Fosters opera house
on the issues of the day, speaking espe>
cially with reference to the coal miners
strike in Pennsylvania. He made a very
favorable impression and the meeting was
an excellent one in every way.
Hon. @. L. Dobson, ex-secretary OF state
In Iowa, presided at the Moody meeting.
MIR. Dobson speaks in Winterset with
Judge Smith Tuesday evening. Next week
he goes to Nebraska, where he has the fol-
lowing speaking dates; Wytnors, october
90; oseeola, October 81; Seward, October
20; Nebraska City. October 20.
Changed Railroads Name.
Notice was filed with the secretary Of
state today that the name Of the Duluth,
Springfield q Gulf railroad, with head
quarters in Springfield. NO., and projected
to run through Iowa. has been changed to
the Louisiana Purchase System"
No Remission of Taxes.
The city council of Des Moines today
passed on the question Of remitting the
taxes Of property owners who were dam
aged last summer by the floods Of the
Des Moines and Raccoon rivers. The mat
ter was brought up In the form Of q petit
tion by A, A. D'Ovieddio, an italian, who
resides on the south side. He states in his
petition that his home was practically
ruined by the food, that he lost all the
property which he owned which is taxable
and that the tax had been levied upon
the property In June, just q month before
the flood. He has ascertAined that his tax
for the year is IS, and owing to the fact
that his taxable property is now swept
away he asked for q remission of the tax.
The members of the council took the posi-
tion that II could not AFFORD to establish
a precedent by RENTING the tax; thai
there would be thousands of dollars in
taxes to remit II the thing ever gets
started. The petition was tabled by O
unanimous vote,