Omaha daily bee., 1902-02-20
LEE HERDMAN GETS SALLRI
Supreme court Gives Decision in FsvSr Of
Ulsrk Of Osurt
OrINION ON eNLAT[R AMLMcA EXPOSITION
Public school c Asked 20 Co.
Operate for Library Extension
Date Set for state POuI-
try show.
From a stan Correspondent

From a STAFF Correspondent
LINCOLN. Feb. 19.-(Special)-The SUI
preme court has given a decision holding
that Lee Herdmsn, clerk Of the court. is
entitled to a salary Of $500 a year as re-
porter, notwithstanding the last legisla-
ture failed to make a specific appropria-
tion for the purpose. Commissioner Old
ham, who wrote the opinion in the case,
says:
"A specific appropriation, made by law
within the meaning Of section %, OF article
III, Of the constitution, is an appropriation
made either by direction of the constitu-
ton itself, or one made by the legislature
under the forms and in the manner pre-
scribed in the constitution for drawing
money from the public treasury. The APP
preparation for the salary Of the reporter
and ex-oficio clerk and librarian Of the
supreme court is made by section rs, ar
ticle xvi, Of the constitution. and requires
no special legislative enactment"
Greater America Exposition.
In the case Of Hayden against The
Greater America exposition the court de-
clares that IL is the duty Of Judge Dickin-
son to vacste a restraining order and
thereby give the parties interested an OPP
portunity to proceed in the main case In
accordance with the mandate recently hled.
No formal order was issued. the court as
Stunning that the Judge will act in con-
formity to the views so expressed. The
court holds that II the district court mis-
takes or misconstrues the mandate OF this
court, its obedience may be enforced by
mandamus, which is an appropriate remedy
to make the mandate effective.
The relator in this branch of the case,
Richard s. Horton. prayed for a writ of
mandamus, addressed to the judge, directing
him to vacate a restraining order allowed
in the action wherein Hayden Bros. are
plaintiffs and the nelator defendant, re-
straining the defendants from further pro-
ceedings in the original case.
Miles Will Contest.
In the case of Joseph williams, ct al,
appellants, against Joseph H. Miles, ct al.
appellees, the motion of the latter to dis
miss the appeal is overruled, the court
holding that an appeal will lie. In the
case Of Joseph Williams, ct al, plaintiffs
and appellants, against Joseph Miles and
others, defendants and appellees, the mo-
tion of the three appellants to dismiss the
action is sustained. the court ordering the
case dismissed upon payment Of three
fourths Of the taxable costs. Both actions
arose from the Miles will contest case.
Alert for Pure Food Products.
Numerous inquiries have been received al
the food department regarding a prepare
tion branded apple fruit vinegar" which
is being offered to Nebraska wholesale DEAL
ers by a Kansas City manufacturing Arm
The food commissioner holds that the term
Is identical In meaning. with the terms
"apple vinegar" orchard vinegar o,
cider vinegar" and that when analysed
apple fruit vinegar must meet the require
ments specified for cider vinegar. Vinegar:
are. by law, divided iAto two classes. One
class is termed apple. orchard or cider vim
egar and must ne the legitimate product OF
pure apple Juice and contain not less thar
2 per cent OF cider vinegar solids. The
other class Is termed grain. wine Of fruit
vinegars. The law declares that all vinegaI
shall be made wholly from the fruit OF
grain from which 1t purports to- be or Il
represented to be made and shall contain
no foreign substance or artificial coloring
and not less than 4 per cent Of absolut,
acetic acid.
A shipment of vinegar received at Crane
Island from the Monarch Vinegar Works
at Kansas City has been condemned by tn,
commission. The barrels we're branded
pure apple Juice vinegar" but an analysis
showed it to be a distilled vinegar artih
cially colored. 1t will be destroyed or re
turned to the shipper. Another shipmen
Of a similar character was received at Min
den and will be treated in a like manner.
Land in Good Demand.
Deputy Land Commissioner Eaton re
turned today from Antelope county, wher
he conducted a land leasing auction. H
disposed OF all available school land in tn
county excepting one quarter section. Mex
week COMMISSIONS FolImer and Deput
Eaton will conduct land leasing auctions q
Greeley, Loup, Garfield and Washingto,
counties. Tomorrow afternoon an auctio,
will be held in this county to dispose of
small tract Of unoccupied school land.
Library Extension.
Secretary Edna Bullock of the Nebrask
Library Commission has issued the follow
ing communication to the public schoc
teachers of the state. asking their co
operation In the work of library extension
I'VE invite your attention to, and ask 10
your cooperation in. the work Of librar
extension. II is a subject that appeal
most urgently to those who are educatin
children OF the state. There would 500
come a time when an uneducated natiy
Nebraskan would be hard to md. II, In ad
dition to the good work our schools al
doing, the people had some way Of CON
pleting their own education. Let US Ia
the foundation for a system Of universe
self-education In Nebraska. and let US b
gin by starting libraries wherever there
any hope OF maintaining them permanent
In order that children may know how
use books. enlarge your school libraries
accordance with some definite. we'll plann,
. policy. A school library cannot take Il
place Of a public library. but It can be US,
to prepare children for entrance at h