Omaha daily bee., 1902-05-21
ARE NOT ACCRETIONS
Iowa Supreme Court Holds Against the
East Omaha Land Company,
IOWA CROPS MAKING GOOD PROGRESS
superintendent Rothert and state on
ciaIs Confer over Plans for the
state schoO for the
Denf.
tFrom q star correspondent.l

From a staff Correspondent
DIES MONIES, May 2O.-(special.)-The
Iowa supreme court today decided another
case involving right to property in East
Omaha, overruling the decisions OF Judge
Walter l.. Smith In the Pottawattamie
court and holding contrary to the gen.
orally accepted version OF what the United
States supreme court was supposed 20 have
held In the Jeffries case. In this case,
that Of East Omaha Land Company agains.
Jens Hanson, the controversy was over the
limit of government lot 2 in the cutoff
district. Hanson occupies land on the old
sandbar which formed in the main chan
mel, and the company claims that its lots
run west across the sandbar. which is in
fact so they claim, but an accretion to
its property. The Iowa supreme court
holds that the sandbar or island was
formed long before the present contro-
versy arose and before the river made
the cutoff in 1877, and therefore the land
comprising the island Is not an accretion
to the adjacent land within the horseshoe
bend. 1t was claimed by the land COM
pany, and so held by Judge Smith. that
the decision Of the United States supreme
court in the Jeffries case settled this one,
because 1t was held that all the land was
accreted land. The Iowa court refuses to
take this view of the matter, but holds
that the United States court merely de-
cided on the boundary line between the
states, leaving all other disputes to be
settled later. 1t was also claimed that
Hanson had agreed to abide by the de-
cision in the Jeffries case and was per-
mitted to remain on the land because OF
this agreement. The court finds no EVIL
dence of any such an agreement, and even
IL it existed 1t would not affect the title
to the land. The decision of Judge Smith
in favor of the land company is therefore
reversed.
In another case decided today the court
holds that an attorney cannot recover COM
pensation for prosecuting in a disbarment
case, but must serve without compensation
when directed by the court to do so.
Opinions Handed Down.
The following decisions were filed:
Goldie Tausbrandt, appellant, against
Frank Hoffer; Floyd county; Judge Kelley;
action on note; affirmed;
W a. Wiekham. appellant; against Kats
TM reichier; Claim ia al for cs snit; aff2ipTmmteSd;. Judge
NJ. E. Whittlesey. appellant, against Bur-
~lington, Cedar Rapids & Northern Rail
way company; Dickinson county; Judge
Quartos; personal injury case; affirmed.
Cqpdis Aekerpsn: appellant against I Ira
proteetion Of homestead rights; aflrmed.
Emma n. Hyatt against Hamilton
county; appellant; Hamilton county; Judge
Green Bay Lumber company against In
dependent District of Odeboit. appellant;
sf East SoSoa omaha 'q Land Company against Jens
Hanson, appellant; Pottawattamie county;
Judge Smith, reversed.
MIC New Corporations.
The following incorporation papers we're
filed In the Office of the secretary OF state
today
Farmers Elevator company of Badger;
capital stock, $4,000; A. M. Hogue, presi-
dent; Charles Arndt, secretary.
Opera House association of Thompson;
capital, 81 400; by F. w. Thompson. and
others.
.Voss Brothers Manufacturing company OF
Davenport gave notice Of Increase OF cap
ital stock from $4,000 to $4,000 OO.
The ORC Grande Placer Mining company
Of Des Moines gave notice of increase Of
capital from $1,000 to $780, 900.
j Union Labor Demands.
4 At a regular meeting Of Des Moines d.
vison, Brotherhood Of Locomotive Engi-
neers the following resolution was adopted:
Resolved. That Des Moines division,
lib, Brotherhood of Locomotive Engineers,
sympathy with union men and women OF
every craft and hereby request every
member of this division to ,patroniZe only
that bear the union label.
Conference Over Deaf school,.
Superintendent H. w. Rothert Of the
Iowa School for the Deaf arrived in the
city today for a conference with the Board
Of Control and the State Executive council
in regard to what should be done toward
making temporary provision for the con-
~tinuance OF the school the next few years
while the state is engaged in rebuilding the
school buildings. The conference began this
afternoon and was in progress all after
noon. Superintendent Rothert explained to
the members OF the council at length the
needs of the school and what can be done
or ought to be done for the benefit Of the
deaf children Of the state. He reported that
they have brought order out of chaos at
the school and will graduate the class as
usual the latter part OF June, but the
younger children have all been cared for
at their homes. The governor and members
Of the council were much impressed with
the needs of the school and expressed
themselves as disposed TO do everything
they can for 1t.
Book Agent Doing smooth.
Prof. Barrett, state superintendent, to
day received word from the county superin-
tendent OF B~lackhawk county to the eff
feet that an agent for a cyclopedia has
been canvassing in that county. representing
that he has been delegated to act for the
state superintendent. He also states that
by a change in the law It is made obligatory
on school officers. to purchase and use his
particular cyelopedia, and on the strength
OF these representations the agent has sold
a great many books. The county superin-
r tendent has exposed the fellow. but he
; still carries on his work with success.
Army Post water Mains.
, By-vote Of s to 0 the city council today
passed the $4,000 water loan resolution
The city auditor is instructed to draw W
warrants in that amount against the spe-
. eial fund as proposed in a resolution which
has been before the council several
/, months. These warrants will be in favor
OF the Des Moines Water Works Co., which
will use the $50, 900 to pay the cost Of lay