Omaha daily bee., 1903-05-08
TEMPLE LAW KNOCKED OUT
District Judge Declares Much Discussed
Measure is Unconstitutional,
.N1ERFIRts WITH RIGHT Of CONTRACT
Case H. "a he Appealed 60 supreme
Court, with Prospects OF Its
Again BeinR nm Issue In
state Politics.
lFrom a stan Correspondent.l

(Frum a Stan Correspondent
DIES MONIES, May 7.-(specisl)-Judse
Roberts. in the district court at Center
willie today. decided what is known as the
Temple amendment, relating to damages to
railway employees. to be unconstitutional,
The provision OF the law. which was In
serted about eight years ago, created a
great deal OF discussion and much bitter
feeling at the time. The bill was fathered
BY NJ. L. Temple Of Osceola and provided
hat where an employee OF a railroad COM
pany receives aid, In case OF his injuries,
from a relief department or organization
supported by a railroad company, no con-
tract he may enter into shall prevent his
right OF action for damages against the
company. II was directed at the Burling-
ton Volunteer Relief department, long
maintained almost wholly by the Burlington
Railway company. Suit was brought at
Centerville by Charles Mcclure. an en-
ploye, who was injured. for damages after
he had accepted relief under n contract, by
which IL was agreed he should release the
company from liability in view OF his MEM
bership in the relief department. Judge
Roberts today declared that the contract
must stand, despite the law, and that the
law violates the right Of private contract.
II Is understood the case will be carried
to the supreme court, as II is regarded as
very important. and II sustained II may
throw the question into politics again.
Conscience and MRtrimOny.
Jennie v. Daniel today took an unusual
prr ceeding in court. She was married TO
II. NJ. Daniel in 1900. but had previously
been the wife of c. w. Hughey. Some time
ago she made a confession to an elder OF
the Latter Day Saints church, OF which
she Is a member. that she was not quite
certain that her first husband is dead,
though she believed he was at the time OF
her second marriage. She therefore felt a
little uncertain as to whether or not she
was Internationally a bigamist, The elder
advised her to consult a lawyer. and today
I she had her second marriage a%nuulled in
court and secured a divorce from her nrst
husband. She will now marry her second
husband again and get matters set straight
so that she will not be in danger Of prose
cution,
Armour Packing Company Trial.
The trial OF the Armour Packing COM
pany for alleged violation OF the laws of
Iowa relating to the sale OF oleomarEarine
was brought up in district court today.
The attorneys for the company filed and
argued at length a demurrer TO the indict-
ment on the ground that under the Iowa
laws IL must be alleged that the company
sold oleomargArine and not only that Il
was OF a yellow color. but that Il was the
color OF yellow butter. and this was not
the charge in the indictment. The indict-
ment was In the exact words OF the statute
and merely accuses the defendant OF sell
ing for butter AZ imitation that is OF a
yellow color. The court overrules the de-
J murrer and the trial will proceed. This
will be the second trial. as the jury dis
- a.
question involved. that Of the color Of the
oleomargarine sold. on which the color tax
has not been paid.
Another Meeting of Trustees.
Members OF the board OF trustees Of ;he
Iowa State college at Ames held a meeting
here today and arranged for another meet
ing Of the board to be held next Tuesday
al Ames for further consideration Of the
matter OF the presidency Of the college and
Of the contract for the new central college
building. No action could be taken al the
meeting yesterday because OF the absence
Of SO many MEMBERS Bids were opened
for the work on the college building ac-
cording TO modified plans which have been
submitted. The lowest bid on the whole
building was SSS5eOO. while the maximum
appropriation is $SOo.COO. II is probable
that the building will be let a little at a
time so that it can be built according to
the original plans and tome within the
law.
Peace In WOOdmen Camp.
The convention OF the Modern woodmen
closed with gocd feeling all round. The
contest between Jerry Green Of Davenport
and Colonel Saunders OF Council Bluffs for
the position Of head director resulted in a
victory for saunders by a decisive vote and
this disposed OF the heht in the convention.
saunders is one OF the present ofhcials
p X. S,ebbins Of Iowa City vas elected
state consul.
OutinE for sunday school Chndren.
Nj. and Mrs. E +. FoWler OF this city,
agents Of the American sunday School
union, who are engaged in conducting a
sewing class in the city for the benefit OF
the pocr children q the downtown dis
triets, are planning also for al outing for
le0 OF the children, They will be sent 10 \
farm IN Bcoae county, near the Des Moines
river. = farm which vas given the American
sunday School union BY Mr.. Fowler, The
outing will ee givsn about August ! ana viii
he 4 decided novelty for this city.