Omaha daily bee., 1902-06-22
TURCEONS STAY IN STATE
Acting Governor Steele Refuses to Homer
Requisition from South Dakota.
FILES ANSWER m POLICE BOARD CASE
Heavy Rains Have Had No Eject on
Streams Used for Irrigation and
Flow Of Water f. Now
Below Normal.

iNCoLN, June 2l.-(speciaI) AT the
conclusion Of a long-dravn hearing Act
ing Governor Steele this afternoon denied
the requisition from the governor OF South
Dakota for G. w. Turgeon, Voltalre Tur-
geon and Adelore Turgeon, who reside near
Dakota City, for trial on the charge OF
shooting with intent to do great bodily
harm.
The case presented several peculiar feat
ures. The Turgeons occupy land near
Dakota City, the title to which has long
been In dispute. About a month ago a
posse Of deputy sherifs Of South Dakota
arrived on the homestead and essayed to
take possession. They met the settlers and
a dispute ensued in which several shots
were fired by both sides, some Of which
took effect. The officers we're unable to
make the arrest or gain possession Of the
land and made haste to the South Dakota
capital to get out a legal process. In the
meantime the Turgeons we're travelling with
all possible speed to the Nebraska capital
TO get a requisition for the deputy sherifs.
The Nebraska requisition was denied by
the governor Of South Dakota on the ground
that the shooting occurred in that state
II at all and that the governor Of Nebraska
had no Jurisdiction in the case.
In denying the South Dakota requisition
Acting Governor Steele gives a similar
reason, though its application is different.
He holds that the shooting occurred in Ne
braska territory and that men cannot be
taken to South Dakota for trial. The dep
uty sherifs were outside Of their jurisdic-
tion when the trouble occurred and their
only recourse is to begin proceedings in a
Nebraska court.
Answer In Police Board Case.
The attorney generals ONCE has made
another contribution to the literature OF
the Omaha Fire and Police commission case.
1t is in the nature Of a reply TO the motion
of c. c.. Wright for a rehearing. The docu-
ment is prepared by Norris Brown, assist
ant attorney general, and is as follows:
Replying to the brief Of counsel for the
reIator in this case we call your honors
attention to the fact that not a single au-
thority is cited which impeaehes the rule
rendered In this case. To particularize:
The case of the state against Tutor, 5 Am,
over an office created by a private cor
puration and was not a suit in which the
state had any interest whatever. 1t was
entirely proper and correct for the court to
refuse to render a Judgment in that case
for the reason that at the time 4 was
lator was not being kept out of any office,
nor was the defendant holding any, office.
So in the case of the State against Porter.
II n. w, us. there was no contest between
the state and somebody else, but It was
solely a dispute between individuals. each
Df whom claimed to have an elective title
o Office; The office had expired and there
10th parties TO the office In question having
hiled by limitation.
lac. Rep. The state was not |. party. 1t
vas a lawsuit between individuals over
was claiming his own election. When the
cluse was. called in the supreme court for
h'aring the term, OF office had passed.
tie office at the time and the court very
properly on its own motion dismissed the
proceeding because no substantial relief
could be granted either party.
n Dean against State, So Neb., 9O1, the
contest was between claimants to the office
of mayor, each claimant alleging that he
hal received a majority OF the votes cast
at the eieetion' Their ute to the office
for either party died with the expiration
of the term. The state was in no sense a
strled as a precedent in this case. The
opinion in dismissing the case cites that
the suit was a proceeding brought not by n
public prosecutor, but by a rival claimant
10 an office.
nedv case were each brought by the chief
law officer OF the state to determine the
power of the governor to appoint n police
and the question determined. The state
was a party and Is hound by the decision
unless this court shall now determine thai
the doctrine of res adjudicaIa as an
bounced in the O'Chandler case and later
followed in the Kennedy case and sup
KANSAS, Texas and all of the textbooks
cited in our original brief in this case, is
thoritles OF counsel for the reiator cited
and above referred to are sufficient to over
throw the opinion heretofore rendered by
this court.
Delegate TO Mining Congress
Acting Governor Steele has appointed the
RlIAuN.-
at the International Mining congress, which
will be held in Butte. Mont, September /
to g. inclusive: C. F. Robertson, C.. B..
Havens, C. M. Dietz. T. C. Ravens. George
Squires. w. A. Gardner. Omaha; C. NJ.
Hunt. w. B.. Cheek, Scott King, A. wag-
goner, James Dahlman. South Omaha; John
T. Dorgan, Charles B. Gregory. r. II. Oak
ley. 2. T., Hovey. G.. NJ. Smith, w. O..
Roberts. f.. NJ. Tyrell, Ed A. Church, Ed
Bignell, DR.. F. A. Graham. Lincoln; John
Dern. Hooper; A. D.. Beemer, Beemer; II.
N. Carpenter, Syracuse.
The recent heavy rains throughout the
state have had no appreeiable effect In the
supply OF water in the various streams
that are used for irrigation. In the Platte
and other large rivers the water is rapidly
decreasing In volume and is already below
normal for this season Of the year.
IA AhSPoOtiOh VI the department SHOWS
that the Platte river is lower than It has
been In June for several years" said B..
Z. Forbes, assistant secretary OF the. Board
OF Irrigation. This is not because Of lack
of rainfall. but is due entirely to the lack
Of SHOWS in the mountains during the
winter. Farmers have thus far had all
the water they needed. but It is likely
that those who have to rely on irrigation
solely will soon begin to suffer. A few
complaints have been filed in this ONCE
from the western part Of the state. but
most OF them came from along the
minor streams and originated from some
appropriation taking more than his share Of
the water"
Waiting ON Dick Bali
Adjutant General Colby declares that no
plans for an encampment Of the Nebraska
National Guard this year Will be considered