Omaha daily bee., 1902-06-04
OUIETUS ON KENNARD CASE
United States Supreme Court Refuses tC
Entertain the Appeal.
COURT COMMISSIONERS WORK TOO HARD
Attorneys for Fire and Police Board
Ask for n RehearinE and Court
Allows Briefs TO BE
Filed.
From a stan correspondent

800 - 1N-A
LINCOLN, June S.-(Special)-The long
fought case Of T. p. Kennsrd against the
state, in which Mr.. Kennard sought 10
recover a judgment for upward Of S12, O00..
has been dismissed by the United States
supreme court because there is no federal
question at issue. This action is regarded
by the states attorneys as the end Of the
litigation. The supreme court has several
times decided against Mr.. Kennard and
about a year ago overruled a motion for
a rehearing. The case was taken TO the
United States supreme court on a writ Of
error and about two months ago was ar
gued. The attorney general raised the plea
that the action involved no federal question
and by the decision in dismissing the case
he was sustained.
Mr.. Kennard has been striving TO collect
the money from the state for nearly a score
Of years. He alleges the state owes him
in principal approximately $1,000 as COM
pensation for services performed IN bring
ing about a settlement of a claim against
the general government. The claim arose
from the transfer or sale Of Indian lands,
but the whole transaction took place over
twenty years ago.
II him the dismissal OF the case fin
ishes it," said Mr.. Prout. 1T has certainly
had its day In the courts Of this state and
with one exception has always been de-
cided in favor Of the state. The district
court of Lancaster county gave Mr.. Ken
nard a judgment, but it was reversed by
the supreme court, later adhered to by the
same tribunal and finally a motion for a re-
hearing was denied. Mr.. Kennard first
made his claim to the legislature and after
much discussion and negotiation the leg
~islature consented TO have the state made
a party to the suit"
Commissioners verworked
The nine commissioners Of the supreme
court insist that they are being overworked.
This morning a selected committee. con-
sisting of one member Of each OF the three
branches waited on the court in the private
consultation room and pleaded for consid-
Grafton. They urged with much eloquence
and emphasis that the court had been
giving them too many cases TO decide and
they asked that future calls be made TO
conform to their reasonable capacity. 1t
was not the first time such a request had
been made, but today the judges showed
a disposition TO be lenient and informed
the commissioners that the next call would
contain only seventy cases. The call for
this sitting Of the court contained eighty
six cases. The commissioners we're unable
to detect any leniency in the announcement
of the court. but they submitted with good
grace and departed to break the news to
their fellow ~jurists.
The -semi-annual report Of the auditor
shows that during the half year ending
May 81 the insurance department OF his
office collected $40, 347.55 in fees from in
surance companies. During the correspond
ing period a year 10 the collections
- : nee N Ill g. -
year ending December /, 1901. they were
S3S, 294. 1t will be seen that more money
was collected in the half year just ended
than in a full year preceding. Deputy In
surance Auditor Babcock explains this In
crease by saying that collections have been
made caller in the year and that taxes have
been greater on account Of the increase Of
business. Besides this there are more
| companies doing business and more agents
at work.
Police Board Case Up Again.
The Omaha Fire and Police commission
litigation had another inning in the su-
preme court today. The case came
up on a motion for a new trial. Attor-
ney General Prout and Norris
BSwn appeared in opposition to this
motion, while Frank Ransom and
W. F. Gurley supported 1t. At the conclu-
sion Of a brief argument the judges re-
tired for consultation. A few minutes later
the chief justice announced that the motion
for a new trial would be treated as a motion
for a rehearing and that briefs from both
sides would be accepted. This action OF
the court opens the controversy again.
The principal question involved in the mo-
ton is that Of the application Of the prin-
ciple Of res adtudicata-
The Lincoln Board Of Education is dead.
locked over the election OF teachers. Al
the meeting last night an effort was made
TO have the name Of Miss Bertha McCorkls
inserted in the list recommended by the
teachers committee. A motion to this ef-
feet was voted down by 4 to 3. The par
tisans of Miss McCorkle then declared
that they would not vote for the Other