Omaha daily bee., 1903-01-24
BUNCLE CASES
Two Decisions Affirmed Because Lawyers
Make a Mess Of it Trying Them.
CONVICTED MURDERER WANTS REHEARlNe
Reports of Fire Insurance Companies
show They Did a Prosperous
Business During the
Past Year.
(From a Stan correspondents

tErOm a stan correspondent
DIES MONIES, Jan. 23.-Cspecial)-The
state supreme court today affirmed W
cases appealed to the higher court almost
solely on the ground that the attorneys
who had handled the cases did not know
what they were doing, and the legal ques-
tions we're not properly placed before tho
court for its determination One of them
was a case involving the constitutionality
of a law Of great Importance in every coal
mining district of the state and was in
tended to be a test case. This was the
case Of Buchanan against the Blackhawk
Coal Works and three similar cases, all
from wapello county. The plaintiff has
secured a judgment in the district court
for the amount of certain wages proved to
be due him and unpaid, and, in addition, in
accordance with the Iowa laws, had secured
a judgment for attorneys fees and for 81
a day penalty after the debts had been due
and unpaid. The coal companies fought
the case on the ground that the law pro-
viding for this special penalty is unconsti-
%tutional and contrary to the spirit of all
our laws. But after the demurrer had been
overruled in the lower court the attorney
for the company had answered and had
gone to trial on the case, afterward COM
ing to the court with questions raised on
the demurrer. The court refuses to con-
slider the appeal in this form. 1t will be
brought to the court in some other case at
an early date. In the case of Grapes
against City of Sheldon the court virtually
refuses to consider the case because the
attorney for the city had taken an ordinary
sidewalk injury case and had presented 200
objections to the way II was tried and had
argued all of them, but not one with sufi-
cient defniteness to warrant consideration
OF the case.
Appeal in Murder Case.
Woodson Reagan has filed a transcript of
the record in a murder trial against him
from Appanoose county and he will have
a hearing in the court. Reagan was inti-
mate with one Ella Clark and last Septem-
Der at the town of Diamond he shot and
killed her. At first he made known her
death and announced that she had COM
mitted suicide. but later, while in Jail,
claimed that while he had shot her. he did
it accidentally and that he fired over her
head with no intention Of killing her, but
his aim was poor and he shot her. He was
indicted and convicted. His defense is that
1t was an accident.
c. G. WATSON has appealed from Linn
county on conviction for robbery. He had
brutally assaulted Thomas Malone in a
freight car on the Milwaukee railroad and
afterward robbed him Of SIS. The two
were beating their way on a train. He
was sentenced to two years in prison for
his part in the tragedy.
Courts Decisions.
The supreme court today rendered the
following decisions:
william Buchanan against Blackhawk
coal works, appellant, Wapello county,
Judge Sloan; affirmed, opinion by Bishop.
county and j. Q. Braden, auditor, appel
lants; affirmed, by the court.
Winnebago County State bank against o.
p. Hustel, appellant, Winnebago county,
Judge Smith; promissory note; affirmed, by
Ladd.
Lydia E. Barringer against F. E. Ryder,
appellant, Palo Alto county, Judge Bailie;
action to set aside a deed; affirmed, by
Sherwin.
Elizabeth Grapes against City of Sheldon.
appellant, O'Brien county. Judge Hutchin-
son; damages for defective sidewalk; af-
hrmed, by Mccain.
Martha ]. Bemis, appellant, against P.
suit to set aside tax deed; partly reversed
and partly affirmed, by Deemer. -.
S. b.. Kennedy against citizens National
bank of Knoxville, appellant Marion county,
Judge Gamble; dismissed, by Weaver.
Insurance Business Greater.
Reports from the insurance companies on
the business done last year, on which their
taxes for the year are based and are pay
able directly to the state, indicate that in
Iowa the fire insurance business was far
better than ever before. The rates In
nearly every city Of the state were raised
last year by the insurance combine and
the increased rates enforced without any
great loss Of business. At the same time
the fire losses in most Of the larger cities
were smaller than usual. The reports will
show that the business was decidedly
profitable in the state. 1t is understood
that a determined effort will be made by
the companies to secure further modihca-
ton OF the laws In their interest, but in
view Of the excellent business year just had
this may not be accomplished at the next
session Of the legislature.
state Accounts Correct.
The Investigators the accounts Of state
omciaIs and state institutions for the year
1901 and for a part OF last year has Just
been completed. The last office to be ex-
amined was that OF the Board of Control,
which has all the state Institutions under
ste charga and handles more business than