Omaha daily bee., 1902-10-28
NEBRASKANS' DAY IN COURT
One Day is Enough, as Supreme Tribunal
Will Not Take Up Gases,
PERKINS COUNTY MUST PAY THE BONDS
Indian school at Chamberlain VIII
he Abandoned Unless Some Ar
r~RnEement Can he Made
for sewer.
From a star correspondent


WASHINGTON, Oct. 27.-(Special Tele-
gram.)-The supreme court today handed
down rulings in three cases originating in
Nebraska. But a week ago Judge McHugh
appeared before the supreme court and filed
his petition for a writ of certiorari re-
quiring the circuit court Of appeals OF the
eighth circuit to certify to the highest
tribunal for Its review OF the case OF the
Chicago House Wrecking company, plaintiff
in error, against otto c.. Blrney. defendant
in error. The supreme court, however,
could not agree with Judge McHugh in his
contention that certain legal questions re-
NAMED unsettled in the court below and
today denied the writ prayed for. which
fixes the judgment of the lower court.
Following closely upon the denial OF the
the writ asked in the above case Justice
Fuller answered that the court would not
grant a transfer of the case Of the United
States Fidelity & Guaranty company vs..
Omaha Building G. Construction company, a
case growing out Of the construction Of an
addition to the insane hospital at Norfolk.
In the third decision handed down by
the supreme court affecting Nebraska, Cen
eral G. F. Henderson appeared for the petit
toner In the case of Perkins county against
Il. d. Graf and asked for a writ to bring
the cause up from the circuit court OF APP
peals to the supreme court for review. The
action Of the court is interesting, as IL fixes
the liabilities of counties in issuance of
bonds and coupons for purposes of public
Improvement, action in this particular case
growing out of the construction Of an fri
cation ditch in Perkins county, starting at
the Platte river west of Julesburg in Colo
RADIO. After a number OF bonds had been
issued and work had progressed to a GER
tain extent, the whole scheme of building
the ditch through Perkins county was aban-
doned and was never completed to be OF
benefit to citizens Of the county. Conse-
quently suit was brought to recover on the
bonds, the court below holding the county
responsible. General Henderson sought to
have the case reviewed by the supreme
court on a writ Of certiorari, but the court
today denied the petition and Perkins
county must pay.
May school.
There is a probability that the Indian
school at Chamberlain, S. D., may be aban-
doned. Superintendent Flynn was today
advised that unless the sewerage of the
school can be discharged above the intake
on the Missouri, or arrangements made for
the construction Of a sewer, that the school
must be abandoned. Congress appropriated
money for a sewer, but a temporary ~injunc-
ton has been granted restraining 1t from
running through private property. Unless
the city permits the sewerage to be dis
charged above the intake the school must
be abandoned.
western Matters at Capital.
James NJ. Green has been appointed post
master at Sharpsburg, Taylor county. Ia,
vice w. I. Colvin, resigned.
The comptroller OF the currency has APP
poved the American National bank OF San
Francisco as reserve agent for the First
National bank OF Winnemucca, Neb.
Oscar e. Bozarth of Elwood, Neb., has
been admitted to practice before the In
terror department.
TIL following appointments have been
made in the Des Moines Qa.) postofice:
Hyman Bush, clerk; Charles d. Wagner
and Fred d. Slaves, substitute clerks;
Charles v. Brother, substitute letter car
rier.
These Nebraska free rural delivery routes
will be established November 1; Newcastle,
Dixon county, three additional routes; area
covered, seventy-six square miles; popula-
ton, $500. st. Libory, Howard county,
one route; area, thirty-four square miles;
population. 500. The postofice at Lime
Grove will be discontinued.