Omaha daily bee., 1903-06-05

been operative for some time is not yet
in force; at least there IL a question about
II. This Is II. r. a. school bill. which
changes the membership in district school
boards. The emergency clause, while at
tached, is not worded according to Hoyie.
The Whereas. an emergency exists" is
omitted
Certificates for Doctors.
The State Board Of Health met today and
spent the time making out certificates to
new doctors. In all ninety-seven were is
sued and just that many more young men
have the right to roll pills
New Bank at DEWITT.
Dewitt is to have another bank TO sta-t
next Monday. The name of the new in
stitution is the Home State bank. ind its
incorporators are Albert Thomas, j.. M.
Pine, L. ]. Cross, Charles b. Anderson,
II. A. Meister, c. w. Rlbble and T. II.
Miller. The officers are: Albert Thomas,
president; c. Il. Anderson, vice president,
and II. A. Meister cashier. The capital
stock is $4,000
Suicide Clause Invalid.
The Knights of the Maccabees of the
World are mulcted by the supreme court
in their appeal against judgment of the
Hall county district court. holding that
they should pay the policy held by Louise
Nitsch upon the life of her nusbano,
August c. Nitsc1. The latter committed
suicide in 1872 and the company refused
to pay on the g-Cund that there was
bylaw Of the company to the effect that
suicide, while sane or insane. v'tiated the
police. When Nitsch Joined In 1892 there
was no such provision IN tho policy. Sew
D Hn htuf hna
all provided for a period less than the
time Nitsch had been a member. Finally
the prohibltive one was adopted. 1t APP
peared from the evidence, however. that
no COPY of this bylaw had been filed with
the state auditor, and this omission loses
the case to the order.
sunday Ball a MisdemeanOr.
The playing OF base ball on Sunday in
the state of Nebraska is a misdemeanor
punishable by fine and imprisonment. So
! holds the supreme court in case brought
before It from Nebraska City, where Sun
day ball playing became offensive to the
law and order league and arrests of play
/ ers followed.
! In the case of the State against O'Rourk.
decided twelve years ago, the same hold
| ing was made by the court, but in this
case It was hoped TO secure reopenins
! of ana a reversal of this opinion. No
where in the statutes is the playing of
! base ball on Sunday specifically inhibited,
but the court holds that the prohibition
of sporting includes base ball.
Attorney Manahan for the Fitzgerald
estate effects saving Of $4,000 for his
client by the courts decision in the suit
of Mallory against Fitzgerald. This Is
a suit wherein 8. H. Mallory, the Iowa
IN
FIVE promIssory notes given in 1888 by the
late John Fitzgerald in a settlement be-
tween him and Mallory as associate con-
tractors The notes on their face were
due in Ave years, but Mallory claimed that
they were not to be presented for payment
until Fitzgerald realized upon Judgment
secured by him against the Missouri Pacific
Railway company for nearly $4,000. The
effect of such an agreement would be to
defeat the statute OF limitations. The
amount due on the notes to date would be
about $4,000.
The court found in favor Of the defendant
holding that where a note is negotiable in
form and by its terms payable on demand,
evidence of a contemporaneous oral agree
ment destroying its negotability and
making the time of payment contingent on
the happening of an uncertain event is in
admissible. Where evidence of such agree
ment is received over the objection of the
party against whom It is offered, the court
may disregard It in determining whether
a verdict should be directed against the
party offering 1t.
Western Union Wins.
An ordinance enacted by the city council
of the town of Wakefield. whereby it was
sought to levy an occupation tax upon the
Western Union Telegraph company is
knocked galley west by the court. The
company resisted payment on the ground
that the ordinance was void because It
sought to impose tax on interstate COM
merce and on a post road of the United
States. the companys wires being used to
transmit government messages from one
government station to another. In the
lower court the finding was in favor of the
town. but the supreme court says that the
ordinance to be valid must be restricted so
as not to include any interstate business
Of the government Of the United States
transacted by such company.
County IL Not Responsible.
The county OF Dodge is relieved from re-
sponsibility for the board of smallpox pa
tients kept under quarantine in their lodg-
ing house. The point is one of considerable
interest.
Herman Diers was running a boarding
house whereat lodged a gang of railroad
construction men. Smallpox broke out
among them, and the whole lot was quar-
antined. They refused to pay board, and
as Diers could not fire them out without
violating the quarantine law he kept them
and sued the county to recover for thei,
keep.
The supreme court holds that a county
is not liable for necessaries furnished to
persons who are not paupers while quar-