Omaha daily bee., 1903-01-16

folloving special orders regarding the res
i~gnation Of Colonel Hayward. SO far the
candidates for the position made vacant
are: Captain Eli Hodgins. Omaha; Leu
tenant Colonel NJ. W. Mcdonnell. Fairbury.
and Captain Ernest H.. Phelps. Company X,
Of Schuyler. all Of the Second regiment.
The orders issued follow:
The resignation OF Colonel william Hay
yard. Second Infantry regiment, Nebraska
National Guard. II hereby accepted. and he
Is honorably discharged from the military
service OF the state, to take effect January
~ accordance with the provisions of the
military code Of the state an election Is
hereby ordered to MI the vacancy which
wal Occur in the office Of c..onel OF the
Second infantry regiment. vice william
The adjutant general will prepare and
forward proper ballots to the commits
stoned officers OF the Second Nebraska In
fantry regiment for their use In the cleo
ton ordered in the preceding paragraph.
These ballots, indicating the officers, choice
or person tor appointment to such office,
will be signed by the officer voting and re-
turned to the adjutant generals office on
or before 10 o'clock a. m. Of Friday, Jenu-
x board Of officers. to consist Of the adju-
tant general. Captain James J. Grimm Of
Company +. and Captain John 7. Crozier
of Company D.. First infantry regiment,
will convene in the adjutant generals office
: 1893. for the purpose OF ~canvassing and
recording the votes, at such election. No
vote will be received or recorded after the
hour named for the meeting Of said board.
Captain Ringer Resigns.
Captain Frank Ringer Of Company F.
known as Lincoln Light infantry. resigned
and resignation has been accepted. Captain
Ringer stated that his resignation was due
to business matters. The captain in a short
time will take unto himself a bride and 1t
is supposed that his better half that is to
be would not stand for any warlike attl-
tude on the part Of her intended. The COM
pany is now in charge of First Lieutenant
F. w Ludwig.
aCOunty Attorneys Meet.
The county attorneys Of the state held
their annual meeting in the ofice Of At
torney Caldwell this afternoon, with a
small membership present.
The present officers Of the association
are: President, J. l.. Caldwell, Lincoln;
secretary, Robert A. Clapp, Fairbury; ex-
ecutive committee. James b.. English of
Omaha, Jesse L. Root Of P~lattsmouth. H.
E. Sackett OF Beatrice and A. r. Hum
phrey Of Broken Bow. se
All but two counties, those of Banner and
Blaine, are represented in the association
by the duly elected county attorneys. The
Z ObltCA VI u dhbOtlhNlOn 10 " bcCuE6 uullcu
action to improve and amend the GRIM
inal code and the laws relative to rev.
enue, roads, bridges and county matters,
and to assist each other in public matters
and to secure exchange of ideas and Inn
prove the public service.
]. P. Leaphart Is at the point Of death al
his home from the effects Of injuries re-
ceived by a scaffold upon which he was at
work falling with him. He received @
fracture Of the base Of the skull and late
this afternoon DR.. M. II. Everett stated
that his chances for recovery we're slight
Leaphart and two other carpenters we're a.
work roofing a building when the scat.
fold fell. Leaphart was picked up uncon.
scious and taken to his home. He is pas
30 years Of age.
Cannot Hold Minors.
A school board has no recourse when Il
makes a contract with a minor and the
minor does not carry out the contract, 81
decided Attorney General rout. The opin.
ion was given at the request Of Superin.
tendent Fowler, who had received numerous
inquiries in regard to the matter. TIL,
Letter received from the attorney general IL
as follows:
| have received your inquiry, as follows
rs a contract entered into between 8
ScnOOl ulslrlct DOaru ana q teacner VINO Il
q minor a legal contract; that is. is II bind
Ing upon the teacher? II the teacher should
not live up to the terms of the contract, Il
he should refuse to teach the school aftei
agreeing to do so and signing contract C
that effect, what recourse has the schoo
district board?"
A contract with a minor, except fol
necessaries. is voidable at his option. Thi.
Is the rule of law applicable to your in
quiry. 1t follows, therefore, that a schoo
board has no recourse where 1t employed a.
teacher a minor who subsequently, avoideC
the contract of employment on the grounC
Of mis- minority.
This decision of the attorney general doe
not prohibit a school district board from
making a contract with a teacher who is
minor, but tho contract will be a one-side,
one, binding the district and not tn
teacher.