Omaha daily bee., 1903-01-23

enray thc youns c-u7Is left for = bridal
tri1 cas-. Rrv. Jstrs Q. TIE Chrlsfia.
ca1rsS pc-'or-.i tAe crr-mOny.
Puslic lards IN Be- le sd at public s1e-
tica a. tie following places and dates:
Antelope co1nty. a, Neiigh. February q:
Holt county. a. O'Neiil. February 10; Rock
county. Al Bassett. February 10: Brown
couniy. a. Ainsworth. February &c; Cherry
county. at Valentine. February II; She-i-
ssn county. AZ Nashville, February n;
Dawes county. at Chsdron. February u:
sior, county. al Harrison. February L.
AJiarsnt General Colby will not turn
over SO oslce % CaytslI Culver until
February 20. Thh time vas asked by
General Colby in order to be able 10 mSke
an lrvcntory Of the government property
In t5c charge 81 the omcs.
Deet.,ouS IN Supreme Court.
In a decision handed down by the su-
preme court last evening the 5000 verdict
recovered IN the Lancaster district court
against the Evans Laundry company by
Ora Cra vford is reversed and a new trial
granted.
4 decision Of interest to fraternal So
cieties is that in the case Of Warner. ad-
min,strstoI against the Modern Wood
men. April %. 1895. Leon Richardson
Joined the order at Maquon, Ill. taking
out a beneficiary certificate that ran IN
favor OF his legal heirs. He kept up his
membership until he died at Seward. Neb..
June p. 1900. Diligent search failed 10
reveal any relatives. Warner had himself
appointed administrator Of the estate. and
brought suit on the 81 900 certificate, claim
ing that the woodmen were simply the
srrrefan nF fao Frfna groaFod h. The ro~ffa-
cate and that IL was impressed with a
trust in favor OF his administrator
The supreme court holds that this is not
the Law. and that the money reverts back
to the association. The purposes Of a fra.
ternal association. It says. are vastly dif-
ferent from those OF an old-line insurance
company. the policies Of which have a mar
ket or cash surrender value and confer a
valuable right upon the beneficiary which
Re cannot be Invested Of without His con-
sent. A fraternal certificate. on the other
hand. is a mere expectancy. the beneficiary
has no vested right therein. being created
by an assessment upon all members liv-
Ing and In good standing. His only inter-
est is that OF membership.
Having no property in the certificate
there is no right or interest upon which
10 impress a trust. II became at his death
TO part of his estate and the admins
traitor has no right. title or interest there
in. Beside that the administrator is not
included among the benehciaries named
In the laws of the association. The intent
is to provide support for persons depend
ent upon the member. and II the member
had changed the beneficiary to his admin
istrator It would be absolutely void be-
cause he Is not Of the class for whose
benefit the association was organized. All
cases where recovery has been had are
those where someone else than the bene-
hciary. who is dead before the member.
might have been the beneficiary.
Richardson. It seems. was brought up in
an orphan asylum. and there is no record
of his parentage and no relative has been
found.
Two Criminal Cases.
Alfred Moline. convicted In Phe'ps county,
Of fraudulently obtaining the signature Of
Fred Krapf to a deed to a valuable quarter
section Of land. is granted a new trial
The information is held not to state facts
aud circumstances essential 10 convict Mo.
line OF the crime accused.
Philip NJ. Everson. a druggist Of Minden.
was convicted in the lower court OF violat
ing the liquor law. The supreme court
d NANA u me TIE NgNd vas ud6Eu ldIktIN
on technical grounds.
Dismisses Union Pncinc Case.
The action Of the state to recover large
per alties frcm the UnicE Pacific for alleged
violations Of the maximum freight rate Law
went the way OF the one against the Mis-.
81 VI Pacific. The referees had decided
that the act was imperative and void be.
cause dependent upon the statute c~restins
the state railway commission. which haC
been previously declared unconstitutional
The court gays il does not feel called upor
to say whether this is good or not. but 4
is clear that the suit could not be main.
tanned for lack Of original Jurisdiction, tn,
case being one where the penalties can b,
enforced only in a criminal trial.
Martin Langdon. who is an attorney a
law in South Omaha. need not pay Jane.
Conlin tho sum demanded by him for serv
ices rendered in drumming up suits for him
The supreme court says that this is clearl.
against public policy and a contract 4
therefore void. Conlin was TO get % Pe
cent Of what was secured for his service
in hunting Up clients.
Clothier Falk of Hastings will have L
be satisfied with the ~two-thirds OF hi
claim against the state that he accepted
The court holds that he could not accep
q warrant for this amount and then appea
In the hope Of getting the remainder an
that the claim that the state could not &c
of with the payment OF less than II ha
handed over was not borne cut by the fact.
As ia Distress Warrant Charges.
In the case OF Red Willow county agains
Isaac NJ. Smith. a deputy sheriff OF tina
county. the court held that the sheriff @
the count treasurer cannot recover IN
sum OF 80 cents upon each distress warrau
returned endorsed mo property found.
The court says that a fee cannot be per
mitted TO be collected when there is n
express statute allowing IL. and that I
view OF the fact that in many cases IL
impossible to collect on personal propert
, because OF the migratory habits Of many,
would offer a premium to inch ease he fee
OF officers at the expense Of the publ
without any increase in revenue. n the Il
/ contended for in this case was allowed.
Tn action OF the Lancaster county di.
Z trict court I'm sustaining demurreTs OF
2 D. Borgelt aud his bondsmen to the pet
tion OF the Northern Assurance compar