Omaha daily bee., 1902-05-15
WIFE MUST RELY ON SELF
Does Not Look for Approaching Train and
Damage Claim is Denied,
SMALLPOX is AN EXPENSIVE VISITOR
City of Des Moines spends Almost
100000 in Fighting the Disease
During the Past Y~ear-Indian
Finds Valuable Pearls.
(From a stan Correspondent

~ IA - SN1AA SAANEBpAANNAANV
DIES MONIES, May 14.-(special 1.-THE
supreme court convened today for the May
term, with all the judges present. but a
rather small attendance OF the prominent
lawyers of the state. A law class OF thirty
was turned over to the bar commission for
examination for admittance to the bar. The
court rendered a number OF decisions and
commenced the hearing OF oral arguments
in others.
An interesting case decided was one from
Page county, in which a verdict for dam
ages was obtained by Sarah and w. II.
Wilfong. They were struck by a train on
the Omaha & st. Louis railroad and in
jured. The testimony showed that Wolfong
stopped his horses just before crossing
the track and looked up and Town the track
to see II a train was coming, but 1t was
just at a cut in the road and he failed TO
see a coming train which was late and on
which the whistle was out Of order. Suits
were brought by both for damages and
verdicts secured. The supreme court re-
versed the case as to the wife and sustained
the lower court as to the husband, the sole
point at issue being whether or not the
duty OF the wife as to looking for herself
Is the same as for the husband. The court
held that the doctrine Of imputed negli-
gence as between husband and wife which
presumes that the wife is In the care Of
the husband and has a right to rely on him
has been repudiated in this court and thai
she was bound to the same degree OF care
that would be required OF her husband in
looking out for herself. On this theory she
cannot recover. because she failed to look
for herself to see whether the train was
coming.
The following are the decisions Of the
court as rendered today:
Samuel Briles, appellant, against Sarah
H: Goodrich ct al; Hamilton county, Judge
weaver; action on contract; affirmed.
EdWin Carter ct al, appellants, against
!. !. Nicol; Iowa county, Judge Wade; for
lectures on sale of intoxicating liquors; af-
W. w. stebbins against Crooked Creek
Railway Company, appellant; Hamilton
county. Judge Whitaker; recovery for per-
e; S. Frick against Charles Kobator, ap-
p%ellant; Des Moines county, Judge With
row action for commission Of a stock of
Sarah Wel:ong and W, II. welfong
ngainSt Omaha & st Louis Railway, appel
nell; action for damages for personal in
Jury; reversed as to first plaintiff and at
Patrick F. Quinn against Prudential In
eo orafv JS SdGmpaanS, appeiiant; DUBUQUE
count Of libel; reversed. uanaseS on ac-
IT. H. Bacon against John Early and
fHiuasnndn Stoner' appellants; Polk county,
Enormous Cost of SMALLPOX.
The city auditor OF Des Moines is en-
gagged in preparing a statement for pre-
sentation to the city council showing the
cost Of the smallpox epidemic to Des
Moines the past year. He finds that nearly
500, 900 was spent in various ways In con-
neotion with the epidemic. During the
months Of December, January, February
and March last the city allowed bills in
the sum Of $24, 900, all of which will have
to go to Judgment, as the city has not
money with which to pay the bills.
There are the sums spent previous to
December which are being slowly paid out
Of the judgment fund, the expenses since
that time. the unaudited bills, the cost of
a smallpox hospital and various other mat
tiers, bringing the total up to nearly $780,
900. This includes also a large sum spent
by the county in furnishing provisions for
those in quarantine.
The city is now comparatively free from
smallpox, though for a long time there
was at least 500 cases listed with the au,
thorities all the time. Only by mourning
the great expense has the city been freed
so quickly.
Cost of state Wards.
The state treasurer today paid out $780,
800 - NNSaah VI nv SNoNC IhEIlIuLlOuHs
OF this sum SIS, 900 was for the construc.
tion Of the Cherokee hospital and 81, s74.Oo
for completing and furnishing the building,
this latter sum being a part OF an appro-
priation made by the Twenty-ninth general
assembly. Twenty thousand dollars, ap.
proximately, was paid out for additional
land at the Clarinda hospital, also by vir,
tue Of acts OF the last general assembly.
saddIery Men Hold Meeting.
A quarterly meeting Of the Gewly formed
Missouri Valley Saddlery association has
just been concluded here. with members
present from Omaha, st. Joseph, Sioux
City. Kansas City, L~eavenworth and the
towns Of Iowa in which wholesale saddley
houses are in operation. The next meeting
will be held in Omaha.
The association was formed by the Job
bers in saddlery and harness last fall for
mutual protection and for advantage in
trade and meetings are being held regu-
larry each month. The association provides
rules and regulations for trade and busi-
ness and the members are required to live
up to the same.
The meeting here was reported to have
been the best yet held and the association
is growing In strength and numbers.
Indian Finds Valuable Pearls.
An Iowa Sac and Fox Indian. George
Jesus Plus. who lives with his family in
q wickiup on the reservation between Mon,
tour and Tama, is making money out OF
the pearl fishing industry. Saturday he
sold to J. NJ. Remington, a harness maker
OF Montour, a pearl taken from an Iowa
river clam shell for SIS. II Is said the
stone is worth at least $3.50 and possibly
5000. Quite recently Plus sold to a pearl
dealer OF Muscatine a valuable river pearl
for $500, being one of the finest ever seen
coming from fresh water. The gem was
worth easily. 1t Is claimed. $500. Plus has
In his possession between $4,000 and $4,000
worth OF pearls and is keeping them for
a rise In the market. Money at the pres,
ent time is no object to him, as he drew
$1,000 back annuity from the government
Friday and a week or two ago collected
a similar amount. He still has 81, 900 or
$4,000 due him in annuities, never having
drawn a cent until a few weeks ago.
Friends OF the red man claim ne is worth
at least $40. 900.
Percieles Manusos OF 2S2 State street,
Chicago, Is in Perry investigating the muir
der OF his uncle. George Colomoskos. He
went there under the advise Of the Greek
| rnnRuI In EkNa.-- II en-. ahaW Il. .vraI.