Omaha daily bee., 1902-05-09
PRICE IN NORTON'S PLACE
Former Insurance Deputy Named as Mem
Der Of St, Louis Exposition Board,
ASSESSORS MUST COLLECT STATISTICS
supreme Court Holds that the Law IL
valid and work Must BE Done
Even II No Provision for
Payment IL Made.
prom a stan Correspondent

In Texas and formerly a clerk in the audi
tors office under John F. Cornell. has
been appointed by Governor Savage to sue
coed J. Sterling Morton as member of the
Nebraska commission for the Louisiana
Purchase exposition. The position carries
with It no compensation. Mr.. Price this
afternoon received his commission, which
is gorgeously adorned with colored ribbons
and great seals, and is now a full-fedged
commissioner, entitled to all the rights
and privileges of the other members.
Mr.. Price was one Of the leading men
in the free silver republican party. and
While still a member Of that organization
began an active campaign for the fusion
nomination for state auditor. When the
party d~isbanded Price sought refuge with
the democrats and has since been allied
with that party.
Assessors Must Collect Statistics.
The supreme court this afternoon gave a
decision sustaining the law which requires
county assessors to gather information for
the State Bureau OF Labor and Industrial
Statistics. The act was attacked on two
grounds, one allegation being that II was
unconstitutional, because IL imposed addi-
tional duties on the assessors without pro-
viding for additional compensation, and the
other being that there we're errors in the
title OF the bill. The suit was in the nature
Of mandamus proceedings, directed against
Lawrence Eskew of Lancaster county, an
assessor, to compel him to comply with the
law. The opinion was written by Judge
Hastings, who said:
ut is no objection to the validity OF =
statute imposing an additional duty on
assessors that no special provision Tor
their compensation is made.
1.-THE act OF 1887" imposing the duties OF
labor commissioner on the governor of the
state and providing for the appointment
of a special deputy to assist in dischargine
them, is not in violation Of section 20,
article v OF the state constitution.
THE amendatory act of 1897 to sections
2O66 and 2O6S of Cobbey's consolidated
statutes, requiring assessors to procure GER
tain labor statistics, is germane to the pro-
visions Of the original act and to the re-
quirement of the original section
According to this decision Of the court, It
will be necessary for the assessors through
out the state to gather statistical informa-
ton regarding agriculture, labor and in
dustry in general. The county may employ
additional men to do the extra work, but
the work in some way must be done.
other Opinions Recorded.
The court delivered the following opin-
ions:
Gray against Peterson, reversed; Ames'
Hare against winterer; former judgment
of supreme court vacated; judgment Of
district court affirmed. Sullivan, e.. }. q,
Youngson against Bond; reversed and
dismissed. kirkpatrick, c.
HUFFMAN against Ellis; affirmed. Kirk
patrick. c.; Sedgwick. j., not sitting.
Carey against Kelly; affirmed. Day, e
Thomas against Thomas; reversed. Hast
ings, G.
Mosely against Fillebrown; affirmed.
Hail against topper; affirmed. Oldham,
Smith against Smith: reversed. with in
structions to enter judgment In conformity
with views expressed In opinion. Holcomo.
Pitman against Ireland; reversed. Ames.
Chicago, Rock Island & Pacific Railroad
Co. against Sattler; reversed. Dune, Z:
Ferguson against Horn; affirmed. DUNE,
Brinkworth against Hazlett: decree OF
trial court as to legatees of Della B..
Hotchkiss reversed and action as to them
dismissed; otherwise affirmed. Hastings, G..
Crete Mutual Fire Insurance Co. st
Fatz; affirmed. Albert. c.
German National Bank against Anterior;
swaney against Gage County; affirmed.
Rose against siekman; afhrmed. Hol-
comb, ].
Gibson against Sweet; afnrmeo. FER
Pratt against Lean; affirmed. Holcomb,
Mcdonald against Tootle-weakley Mil
Inery Co; affirmed. Holcomb, j..
Moore against State; affirmed. Sullivan,
Miiligan against Gallen; reversed. suIli-
State. ex rel Watson against Eskew;
The opinions filed in the following cases
will not be o~ficially reported:
Buck against Hogeboom; affirmed Hast
ings, C.
Judgment adhered to. Albert. c..
Boyd against PaRe; afirmed; Oldham, c;
Willis against Harlan COUNTY; petition
Meeker against Waldron; afhrmed' Old
against Klatt; affirmed. kirkpatrick, c.
Mcconnell against Bettman & Co; re-
versed. Hastings, c.
Bu~ettgenbach against Gerbig; reversed.
Kear against Eastern Building and Loan
association; affirmed. Ames, c.
Van Auekn against Miner; reversed.
Yarnaii against Hupp; afirmed. Hast
Omaha Loan and Trust Co. against Bor-
ders; affirmed. Barnes. c..
Sutton Exchange Bank against Gross
hans; affirmed. Barnes, C.
Moore against Heltzel; affirmed Old
Levy against Hing afnrmed. Pound, C.
Fort against Cook; affirmed. Hastings,
Druse against Davey; afhrmed. Day, c..
First National Bank. sutton, against
Ashley; affirmed. Dune, c.
Appeal the Porter Case.
The case wherein the state sought to re-
cover from former Secretary of State Por-
ter the money he appropriated to his own
use as fees. received by virtue Of his mem
bership in the Brand and Marks commits
sion. will be appealed TO the supreme
court. Deputy Attorney General Norris
Brown is at work on the petition in error
to be filed In this case and hopes to have
it completed in time to file tomorrow. In
the lower court Mr.. Porter scored a victory,
on much the same grounds as did Mr..
Meserve In the embezzlement case In the
district court Of Douglas county. shorn Of
it's legal phraseology and reduced to its real
meaning the holding Of the court in the
case was that Mr.. Porter had no right to
take the money, but having taken It had a
right to keep 1t, even though claimed by the
state.
The fees taken by Mr.. Porter amounted to
about 81. 900. He did not deny having ac-
cepted the money, but declared that he had
a right to IL, and meant TO keep II.