Omaha daily bee., 1902-06-12
HOW TO GET MANDAMUS WRIT
Supreme Court Rules on Point ~ to Time
for Application.
RELAroR MUST SHOW CLEAR RIGHT
Question Brought Up In Connection
with Case from Lancaster County
and Decided Against
Applicant.
From a STAFF correspondent

From a stan Correspondent
LINCOLN. June 11.-(Special)-The su-
preme court has delivered an opinion In
which II is held that, although delay in
applying for a writ OF mandamus is not
an absolute bar, It may be sufficient, in
the discretion Of the court, for denying
the writ. The question was brought to
the attention of the court by Christopher
G. ReisE, who was plaintiff in the district
court In an action Of replevin. Judgment
having been entered for the defendant, and
a motion for a new trial having been de-
MED. Reiss served a proposed bill Of ex-
ceptlons upon the defendants counsel on
the last but one of the eighty days allowed
by the court for that purpose. The coun-
sci objected to the allowance OF the bill
and declined to accept service. Afterward,
and some time after the expiration of tho
period fixed by law, the bill was presented
to the trial Judge, who refused to settle It,
asserting In his order that at was not pre-
scented with 100 days from the last day of
the term of court at which motion for new
trial was overruled." The proposed bill,
together with the order, was presented in
the supreme court and allowed to remain
for over a year, and until stricken from the
record, for want Of allowance in the trial
court.
The court holds that the relator in man
damus proceedings to compel settlement
OF a bill Of exceptions must show a clear
right to have his proposed bill allowed.
Hence, where the trial Judge, upon hear
ing evidence, has found that delay in not
presenting the bill in the time fixed by
the law was due to laches and neglect Of
~relator, the latter will be held to very
clear proof that such finding was erroneous
and that he is entitled to have the bill al
lowed Notwithstanding.
In a case entitled Weilage against Alb
bolt, appealed from the district court Of
Douglas county, the supreme court de-
clares that Giscontinuance Of a pending
cause and agreement not to prosecute any
further claim are sufficient consideration
for a promise to pay accrued costs and at
t~orneys' fees 1t held that in such case
the agreement to pay attorneys fees is an
original and independent contract and is
not within the statute of frauds as being
a promise to answer for the debt Of another.
Clancy in n Hurry.
People at the statehouse are watching
with interest the contest between the two
delegation tickets in the Fifth ward Of
Omaha. One OF these, advertised as being
"anti-machine." and in favor Of the nom
ination Of Van Dusen. is headed by Robert
D. SlhuCCy BllNdNS oCSASNhA ~ wv
Savage. Mr.. Clancy has planned for a
vigorous campaign in this ward and ex-
poets to get assistance from one or two
men who hold positions under the jurisdic-
ton OF the governor.
This afternoon Mr.. Clancy was seen run
ming at a high rate Of speed toward the
Burlington depot. carrying a grip in one
hand and waving a palm leaf fan with the
other. The terrific heat had no terror for
Mr.. Clancy, for he kept up his mad race
clear to the platform Of the train bound
for Omaha. A man who was slowly saun-
tering along saw Mr.. Clancy running, and
as the train was late, both being bound
for the same destination, they met at the
depot.
"What occasions this intense excite
ment?" the man asked Of Mr.. Clancy.
"oh, just a little business in Omaha"
exclaimed the genial private secretary,
smiling broadly and gasping for breath.
"You see, there's some politics up there
a fight, you know, over in the Fifth ward.
l have to be there this afternoon"
And then Mr.. Clancy INDUCED in a few
uncomplimentary criticisms Of the Lincoln
street car service, for the car he had
boarded at the hotel ran only half way to
the depot and then stopped.
LincOln's Assessment.
The city council, sitting as a Board Of
Equalization, this morning. decided that 1t
would not receive any complaints against
the work OF the tax commissioner and his
assessors after 4 o'clock Saturday after
noon. The completed figures from the city
tax commissioners books show that over
81, $50, 600 In valuations was added this year.
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