Omaha daily bee., 1903-01-27
MENDS BREAK Of ATTORNEY
Supreme Court Decide5 Oarelessne1s Cannot
Defeat Ends Of Justice.
ASPHALT COMPANY wTHDRAwS PAPERS
Eastern Railroads Discriminate
Against west In Coke shipments
from the west Nir-
ginin Fields.
(From a stan Correspondents

e MONIES. Jan. 26.-(SpecialJ-The
supreme court today reversed a case from
Woodbury. county in which Il was nec~s-
sary to decide that the blunders Of a tele-
phone manager and a telephone company
attorney could not be held to defeat jus
tice. One Bsrto had sued the Iowa Tele-
phone company for damages for having
been knocked from a pole by a current OF
electricity. The notice OF suit was served
on Manager Clark at Sioux City and for
warded to General Manager Smith at Dav-
export. The latter consulted with f. e.
Dock. attorney for the company, and It
wac agreed that Judge Van Wagenen OF
Sioux City should be employed to defend
the case in court. But each one understood
that the other one was to take care OF the
case and see to it that a defense was made.
But neither one did it and Barto obtained
Judgment by default. Judge Gaynor at
Sioux City refused to reopen the case
after the attorneys found out what had
happened, but the supreme court decided
that In such cases It is an accident and
not a matter Of neglect and the case should
be reopened and be tried on its merits.
The following were the other decisions
Of the court:
W. W. Loomis against John Reimers, APP
pellant, Pottawattamie county, Judge Thor
nell; reversed by SheTwin.
G. =. Buch, appellant, against Nicholas
Flanders, Keokuk county, Judge Dewey
reversed by Bishop.
Estate OF Anna n. Jacob. Fayette county,
Judge Hobton; affirmed by McClain.
The Haney-Campbell company, appel
liant. against Creston Creamery company,
Jackson county, Judge House; affirmed by
p. w. Dele against State Mutual Hail
Insurance company, appellant, Dickinson
county, Judge Wharton; affirmed by Ladd.
Asphalt Company withdraNs.
After having left its articles of incor-
poration in the hands of the secretary of
state for over a month, the same to be
filed and recorded. the Barber Asphalt Paw
ing company of West Virginia today with
drew the articles and declined to pay the
fee which was decided as requisite to in
corporation in the state. The company
contends that IL is merely a mercantile
and manufacturing concern sud is entitled
to be incorporated without the filing fee,
but the secretary Of state took the ground
that 1t has larger powers and engages in
construction work in the state, and as such
would have to be treated as all such COM
panies. The object in filing the papers
was to give the company legal standing in
the state courts.
Incorporation papers were filed today as
AOAlOhNs Nthdl IdA4o '"
| company, by Frank A. Anderson and 9TH
ers. capital stock, 800, 900; the Bell Imple-
ment and Carriage company. Des Moines,
capital $40, 1000; Shenandoah Artificial Ice
company. capital SIS, 900, E. X. Dunegan,
president; Curtis & Van Denberg company.
Clinton, changed name to Curtis & Bartlett
company and increased capital to 500, 900.
Discrimination Against the West.
A letter was received at the office Of the
state railroad commissioners today from
the A. B. Shorthill company OF Marshall
town stating that they find it impossible
TO secure coke from the West Virginia coke
fields and alleging that the railroads in the
east are diverting the coke supply and die
tating where coke shall be sent and not be
sent, and that there is gross discrimination
against the west. The information was
given the railroad commission for use II
the commission desires to make any inves-
tigation Of the matter. Tn" railroad COM
missioners have no information in regard
to the attitude Of the West Virginia roads
and the letter was forwarded to Secretary
Moseley OF the Interstate Commerce Com
mission for such action as that commission
may deem proper.
Examination of state Books.
L. C.. Heer or Armstrong, an expert DOCK
keeper, commenced the work this morning
Of checking over the accounts of the state
ofhcials for the year 1902. He commenced
on the State Geological board. one of the
easiest offices to investigate. The law re-
quires the executive council to employ
someone for this purpose every year to
make a complete Investigation OF the ac-
/ counts Of every state officer and state
hoard The work will take several months
to complete and the facts as to the condi-
ton of the Offices and the manner In which
the accounts are kept will be transmitted
to the general assembly.
Too Drunk to shoot Straight.
CEDAR FALLS. Ia. Jan. 26.-(Special
] nolnnrnr, l. Ice Mrnrs q karhnr attanntnh