Omaha daily bee., 1903-05-11
PROJECT RAILWAY MILEAGE
TIVE Thousand Miles Laid Out for Iowa
During Present Year
WORK ON MUCH OF IT IS NOW UNDER WAY
Omission of one word In Abstract
by a Lawyer Costs a Hardin
County Man Reversal of
$4,000 Judgment.
CFrom a STAFF Correspondent

From a Staff Correspondent.)
DES MONIES, May l0-tSpeciaL)-The
more than 1900 miles of new railroad pro-
jected in the state of Iowa this year will |
be commenced as soon as the weather will
permit Some of the work is now under
construction, having been part OF con-
tracts not finished last year. Much of that
which is alleged to be projected will not be
built at all, or at least not for several
years. The track of the Great Western
from Manning into Council BLUFFS will GER
tainly be finished this year, but It is doubt
full IL the line to Sioux City will be con-
structed. The cutoff Of the Burlington
from Oskaloosa to Tracy, twelve miles, is
now practically completed. The Milwaukee
cutoff from Davenport to Ottumwa Is al
most done, twenty miles OF the seventy-six
having been laid last year. The work of
construction OF the Newton & Northwest
ern is regarded as certain as contracts have
been let for a part of the distance and
work is now in progress. The part from
Gowrie to Rockwell City and the part
from Frazer to Boone is now being built.
The Rock Island has a proposed route
south from Edon, but nothing has been
done. Portions of the Illinois Central and
of the Great Western are to be rebuilt and
Strengthened out this year Some construc-
ton work is actually being done on the
Iowa & st. Louis near Centerville. The
Des Moines Southern is a sure go and the
work between Winterset and Greenfield
will commence very soon. 1t is not true
that this road has been sold to the Great
Western. but It will be operated by the
Great Western. Among routes projected
are the Pella & Southwestern. a short line;
the Dubuque & Western from Dubuque
to Boone; the Dubuque, Vinton &
| ton; the Des Moines, Iowa City
& Eastern, to Muscatlne; the Charlton
Valley, south from Centerville; the Des
Moines & Northern Iowa, to Minneapolis,
and the Charlton, Knoxville & Southern.
Case Turns on One Word.
The supreme court Of Iowa has been ap-
pealed to for reopening a case decided at
the last term of court last month under
peculiar circumstances. The whole case
| hinges on one word, and that word was
| left out Of the abstract which went TO the
supreme court by mistake, and its being
| left out caused a reversal Of the case. It
was the damage case of Defrieze against
the Illinois Central railroad, from Hardin
| county. a personal damage suit, which re-
suited in a verdict of $4,000. The court
| ordered a new trial In April, but did so
| on the ground that one instruction of the
| court was erroneous. pointing out that II
the word such" had been inserted at a
certain place the instruction would have
been all right and expressing the surmise
! that this was left out of the record by
mistake. Inasmuch as the trial judge who
gave the instructions is now a member, of
the supreme bench, this was a pretty
strong surmise. Now the attorneys for
, the injured man ask the court to reopen
the case and show that the word such"
was actually in the instruction, and the
court has already decided that with this
word in the instruction was all right. But
1t is not usual for courts to go back to
correct an error OF this kind. The attorney
| who prepared the abstract was the late
John F. Duncombe of Fort Dodge, and 1t is
not considered possible for a moment that
the error was made deliberately. The at
| torney for the plaintiff is Judge Brdsall,
the successor of Speaker Henderson in the
Third district He states that he did not
file an amendment to the original abstract
because he had the utmost faith in Mr..
Duncombe and did not even read the alb
stract carefully Whether the supreme
court will allow the accidental omission
by a lawyer of one word from copy OF a
paper to cost a man $4,000 remains to be
seen.
Condition of IOwa's Fruit.
Secretary Greene of the State Horticul-
tural society has reports from over 300
! correspondents In all parts of the state Of
Iowa which largely corroborate his view in
regard to the condition OF the fruit In
Iowa and show that the fruit was not dam
aged as greatly by the cold weather and
frosts of the first week in May as was
generally supposed. These correspondents
make reports on the present condition OF
; the fruit crops which show the following
percentages: Apples, sS per cent; pears, 62;
plums, 5S cherries, 50; peaches, 40; grapes,
81; currants. 60; gooseberries, 6S; red rasp-
berries, n; black raspberries, IS; black
berries, 81, and Strawberries, s. Mr..
: Greene states that the greatest damage
was in the southwestern part OF the state,
where the fruit was in full bloom at the
time OF the recent frost and cold snap
while in the northeastern part OF the state
J. there was very little damage.
( PopuIist REORGANIZATION is Slow.
Y At a conference of the populists Of the
d state recently ]. r. Norman of Abba wal
I designated as chairman Of the state eentra
Z committee for the purpose of reorganizint
the party Mr.. Norman started out to col
$ lect funds as a first requisite and reports
that he has received contributions sum
cient perhaps 10 pay a hotel bill for on'
A man for one day" He announces further
that unless there are other funds forth
4 coming he win have to turn his attention
10 his private business and leave the party
| 10 taka care of itself.