Omaha daily bee., 1905-11-18
| COURT DEFINES A PAUPER
Judge Weaver Piles 0auStic Dissenting
Opinion in the Case
NOrABlEs INVITED 70 THE REUNION
Prospective Groom Gets Marriage
License In WRONG County and
wedding IL Held I'm Middle
of Big Corn Field.
lFrom a sian Correspondent.l

|
case of Monroe County against John Abeg-
glen, appellant, the supreme court TO-DAY
handed down a decision reversing the lower
court and I'm a dissenting opinion Judge
/ Weaver holds that the construction put on
the law by the majority of the court would
allow children to starve II they had able
| bodied parents, even though such parents
might be In the penltentlary or among the
vast army of tramps Monroe county
! brought suit against Abegglen 20 compel
him to contribute 10 the support of his
daughter. Mrs Lucy Raybourne and her
three children 1t was shown that Mrs.
( Raybourne had been divorced and that her
husband had remarked and lived In an
other county. The court holds that his
testimony was taken too late I'm the hear
ing of the case for n TO be allowed, and
hence there being no evidence of his in
ability to support the children the case is
considered without the testimony, and then
holds that there being no one nearer Of re-
lation than the father the decision of the
lower court is contrary to the law, and
holds, further, that the evidence does not
show but that the mother is able to sup
port the children. Judge McClain in writ
ing the opinion of the court says
"'The liability of the defendant can be
predicated only on proof that she defend
ants daughter) is unable because of mem
tai or physical disability to earn a living
by labor"
Judge Weaver holds that under such a
construction destitute children would be
left to starve so far as the protection of
the law is concerned IL their parents were
able-bodied. even though the parents were
tramps or prisoners or absent from the
: country. He also holds that the legal defni-
ton of a poor person as lone who has no
; property exempt or otherwise, and is UNI
: able because Of mental or physical dis
ability to earn living by labor IL lit
) orally construed, would allow opulent rela-
tives to escape caring for their own so
long the destitute relatives had shred
! of clothing. He holds that the father OF
) Mrs. Raybourne should have been held to
support the family, as ruled by the lower
court.
, Last Township Heard From.
Just one township has been holding VI
the entire report of the state superin-
tendent Word was had by telephone today
that the report from that township had
been mailed today to the superintendent
: and the report will appear in a few days
The township was in Wnnebago county
Its report of moneys and expenses was
necessary to complete the report. The
a officials there claimed the superintendent:
office was wound about with red tape, anC
stood on that ground till the superintend
ent under his authority under the Law
Il threatened TO send representative to tbs
. township to get the information a their ex
4 pcnse and the report then forthcom
ing.
For Philippine Meeting.
A meeting of veterans of the war in tn
h Philippines was held here today to max
!, preliminary arrangements for the annua
N convention and reunion of next year Gov
II ernor Cummns, Congressman Hull an
Y Colonel Thomas of the Eleventh cavalr
n l. were made the committee on invitation
and it is proposed to make an effort t
secure General Nelson A. Miles, A F
ID Chaffee, S. b. NJ. Young, Lloyd Wheaton
J. f. Bell. 'Jackey Smith, ]. NJ. Be
- and other prominent army mon to max
addresses on the occasion. \ committe
- is now out raising 5000 with which {
Iv provide the entertainment. The first da
Is the visitors will be registered and in til
&c evening there will be a smoker and VaudC
NJ Vile entertainment at the Elks' club hous,
ID The afternoon of the second day there wi
be an elaborate recention and entertain
ment at Fort Des Moines and the evenin
of the second day there will be a banqut
- at which covers will be laid for 500
ai CITY VIII Join suit.
- on the recommendation of City solictC
80 w. H. Bremen the city of Des Moines wi
~ join suit with the members of the Civ
league to determine the franchise rights
the Des Moines city railway. Affairs
- this city have been approaching this su
- for some years. II has been recognized tn,
there is grave question as TO the RICH
~ of the street railway and every ltigai
u against the city railway has taken az
vantage of this to attack the railway
&c franchise. The suit now to be brought vi
- be on that question alone.
a. widow Gets Estate.
to Judge McHenry. in the district court, t
day gave the property of the late Charg
G. Lewis on South Washington street
the widow, Mrs. Augusta Lewis of Maya
he Falls, n Y. Everett Lewis, son OF Il
let testator, made sensational claims that L
o. woman was never married to his father.
1t Teacher Fails 90 Appear.
- Miss Dorothy Coyne, an attract
:. schoolma am of Poweshiek county, W
= was arrested here for disposing of moi
gagged property, failed to appear in il
tlce court today. When arrested Nj
Coyne was unable to give bond and tC
IL the court pitiful tale of a sick moth,
be and the case was postponed out OF syl
To- pathy for her. Then she wrote and ask
~ for it TO be postponed. she was sic
,b- Today she failed to appear when the tr
lie was called, but the court and bondsmen a
ba sure she win explain.
wedding I'm Corn Field.
BY moonlight and In the middle OF a fl
NE OF several hundred acres OF uncut CO.
- Earl F.. Campbell and Amber II. Perk
~. Of Cherokee and Ida counties, were mi
ried at midnight last night The que
had assembled at the Stricklin home WI
the groom suddenly remembered that
had procured the license in Cherokee, wi
yer the wedding ceremony was scheduled
ssi- take place In Ida county. After hurr
fin consultation IL was decided that in orr
ute that no question should ever be raised o.
AXE the legality OF the marriage an adjou
'wn ment would be taken to a high knoll
So the Stricklin farm, just over the coul
en- line. where the ceremony was perform