Omaha daily bee., 1903-03-13
LIMITS OF CITY TOO LARGE
Court Holds No City Benefits Accrue to the
Union Pacific Bridge.
SURPRISE PARTY FOR Or. EADES
Expected n jail Sentence and Re-
ceivcs Instead Eighteen Months
in Penitentinry for Coun-
terfeItinR.
SURPRISE PARTY FOR Or. EADES

Judge Smith Mcpherson, now holding the
term Of federal court in this city, received
yesterday a copy Of the opinion Of the
United States court OF appeals in the Union
Pacific bridge tax case, in which the APP
pellate court affirmed the ruling Of Judge
Mcpherson that the east end of the bridge
was not subject to the payment of mu-
nicipal taxes.
Among other things, the opinion sets out
that to enforce the collection of municipal
taxes on the bridge would be a violation OF
the constitutional provision that property
cannot be taken without due compensation.
Also that 1t is a settled provision Of the
law in Iowa that corporate limits Of a city
may exceed its taxable limits. On this
point the opinion sets forth that from the
agreed statement of facts and annexed plat
it is apparent hat the city OF Council
Dluffs has the corporate limits Of a great
city, with the possibilities and municipal
improvements and agencies OF a compare
lively small one. It's boundaries seemed to
have been established in anticipation Of a
future growth in population which has not
yet come about"
The opinion states further that 1t is evil
dent that land where the bridge is situated
would not be subject to city taxation. Also
that the bridge. owing to it's location, reaps
no benefit from or protection by the police
and fire departments, that it is patrolled
by its own watchmen. In conclusion, the
opinion gives the city q ray Of hope that
possibly some day the bridge may become
subject to the payment OF city taxes by
stating that this ruling applies only to ex-
listing conditions which may be changed
some day to bring the bridge within the
taxable limits Of the city.
DIR. Fades Is Surprised.
George F. Fades, the young dentist who
pleaded guilty to counterfeiting, was sem
fenced yesterday by Judge Smith McPher-
son in United States court to eighteen
months in the penitentiary at Fort Madison
and to pay a fine of 81, 900. The fine. how
ever, was suspended until further order of
the court. Young Fades had believed that
he would be let of with a Jail sentence and
when he heard the court order him COM
mitted to the penitentiary he collapsed. He
Will be taken to Fort Madison this morn
ing. Fades was arrested in Council Bluffs
for counterfei-ing s. gold pieces which he
forced his young wife to pass in Omaha and
South Omaha. His relatives live in Cedar
Rapids, la.
The $4,000 personal injury damage suit
OF Lawrence Brown against the Union Pa
cihc railroad was given to the Jury about
8 O'Clock last evening. The Judge instructed
the jury in the event OF It reaching an
agreement before court convened in the
morning to return a sealed verdict. This
Is the second trial OF this suit. At the
hrst trial Judge Mcpherson took the case
from the Jury and ordered a verdict for the
defendant. He later set aside this verdict
and granted the motion for a new trial.
The jury returned a sealed verdict at 1880,
which is said to be in favor Of the railroad
company.
Frank Turner of Avoca was admitted to
practice in the United States court.
The trial Of the personal injury damage
suit OF Mertle Hester against the Milwau-
kee railroad will be begun this morning.
The case was transferred from the district
court of Crawford county. The plaintiff
asks for $4,000 damages for injuries al
legged to have been received at Aston, Ia,
oy being thrown to the depot platform by
the sudden starting Of the train.