Omaha daily bee., 1903-05-02

Standard OIL company. because none Of the
cars came up TO the test as required by
the new law. so far nothing has been
done in the matter and the company is still
awaiting the action OF the new inspector.
Governor Mickey was in favor Of allowing
the oil to be sold. inasmuch as Il was his
belief that It had been ordered before the
company had been informed Of the enact
ment Of the new law. Mr.. Church probably
has the same opinion as the governor. but
will do nothing until he gets Strengthened
out in his ONCE.
Measuring water in streams.
Craftsman Hubbard OF the Board Of 1rri-
cation Is making plans for measuring weirs
to be placed IN all irrigation bitches under
the provisions Of the law which was passed
by the late legislature. The plans will be
sent out to all persons using water from
public streams for irrigation. They will
provide a means whereby the now through
each ditch can be determined and thereby
II is hoped to secure a perfectly equitable
distribution of water.
In practice each ditch will be equipped
with a hume and the ditch both above and
below the hume will be made as nearly level
as possible. This will be accomplished by
placing heavy timbers about 100 feet above
and below the hume. These timbers will be
will be placed as nearly on the level as
possible, and will ensure uniform conditions
Of flow. When the water is let into the
ditch the depth Of the flow and the speed
Of the current over the floor Of the hume
will be measured with a measuring stick.
II the ditch owner is not getting all the
water he Is entitled to the headgate on the
ditch will be raised until he secures the
proper amount. By the means OF the meas
urlng stick then IT will be possible to de-
termine at any time what amount Of water
the ditch owner is entitled to. Under this
new plan It is proposed to have the gauging
Of each canal taken once a year. In the
past a few ~laterals have been gagged, but
there was no uniformity in the methods
employed. This trouble will be avoided
when uniform measuring boxes and uniform
methods or reading the gauges are adopted.
Court Springs Surprise.
The action Of the supreme court yester-
day afternoon in handing down opinions in
several important cases was certainly a
surprise to most Of the interested parties
and to the public generally. The fact that
the court was to hold an adjourned session
was never given to the press and not I'M
til the court adjourned and the opinions
were ready for publication was II known
that the court had held q session even
around the statehouse. The opinions were
handed down shortly before 6 O'Clock and
that was the first intimstion that the pub
lie had OF the meeting. It was said today
that when the court adjourned at It's last
meeting 1t was TO hold another session yes
terday. 1t is probable, however, that many
OF the opinions handed down yesterday
would have come down at the last session
had Chief Justice Sullivan been here. The
chief Justice was at West Baden, Ind. for
the benefit Of his health. The handing down
OF the opinions was the only business of
Importance transacted.
The following cases were decided:
Hamilton National Bank against Ameri-
can, Loan and Trust Company, rehearing
denied Dakota County against Borrowsky,
rehearing denied; Fidelity Mutual Fire In
denied; Omaha Brewing Association against
Teller. rehearing denied; Zieman against
st. Joseph & Grand Island Railroad Com
Fhomson-Houstesn Electric Light Company
against Johnson, rehearing denied; Bailey
against Dobbins, rehearing denied; Sawyer
against Bender, rehearing denied; Reed
AGAINST oConnell, rehearfng denied.
Farmers and. Merchants Banking Com
pany against Mosher. Judgment; Hastings,
- 0oAARh Va ILL dBdAlSI ItlCnAIlOUg IOTH1GI
against Council Bluffs savings Bank,
tcTSrim GsTo. 'gRe 6aR I.,s adhered 8 toi Apesi G
Company. against Holmes. reversed; Pound
G. runniclIf against Fox, affirmed; Kirk.
against Shields, affirmed; Oldham. c. Gan.
now against Denny. reversed; Ames, c
M WsstesR 1rd Tslephone Company ssai1si
phone Company, affirmed; Albert, C. Bale,
against Garrison affirmed; Albert, c. Gatz
G. White against Whitney, affirmed; Hast
ings, G.; schick against Whitcomb, judg
msnt: Albert, c; Story against GammeIl
CrQix, remittitur, S109.O in thirty days
Lobinsier, G.; Clark against Commerce.
ham, c. Gutterson against Mayer, aSirmed
Oldham. c.
Opinions in the following cases will no
be officially reported:
Paul against Cook. affirmed; Lobingier, c
Benedict against T.. L. v. Land and Cattl
SompSnyi order appointing receiver az
LeiL reversed with Instruction. to pro
coed in conformity with opinion; Granville
Str, e GiS55s: SsaanSt McfsS nyi.r reysEssf in in
Carthy, affirmed; Pound. G. Emery agains
Hanna, affirmed; Pound, C. Anderson
against Hall, affirmed; Hastings, G. Walle
against Deranleau. affirmed; Hastings, {
Sailing against Sailing, affirmed; oldham {
Cutter against Woodward. affirmed; DUNE
Telephone Claim Net Good.
The Nebraska Telephone company vii
have to reform its methods in the matte
Of crossing the streets and alleys of in
corporated towns and villages without per
mission Of the governing boards. but re
lying upon a general law giving 1t the RICH
to use the public roads OF the state.
|, The supreme court has so spoken. Tn
case came up from Cass county. In tn
town Of Louisville the Western Independen
|, Long Distance Telephone company starte
to string its wires along lines at RICH
angles to the old company's wires. Tn
! latter enjoined the independents from do
ing anything Of the kind. claiming that tn
stringing Of wires above theirs would caus
electrical contact, Interrupt conversatlo
; and ground their wires. The Independen
people answered that this would not fol
> low and also claimed that the old compan