Omaha daily bee., 1905-11-23
TUCKER JURY Law INVALID
Supreme Court Holds the Measure is
Incapable Of enforcement
NUMBER OF CRIMINAL CASES REVERSED
Lincoln Youth is Fined FIFTY Dollars
on Conviction of Rolling = Cigar
decentralization of OIL and
Gas in Nebraska
crrnr, . stnn Correspondent

LINCOLN, Nov. 22.-Cepecial.)- THE SUI
prerne court has held that the new Tucker
fury law, affecting all counties outside OF
Douglas, Lancaster and Gage, is uncon-
stitutionsl and has denied the application
of Governor Mickey for q mandamus 20
compel the canvassing board Of Mcpherson
county 20 proceed under the law in the
preparation Of a jury list. The governor
acted on the advice OF the attorney general
for the purpose Of testing the law, which
had been found TO be so defective that II
could not be applied. The opinion in the
case will be filed later.
The main defect in the statute, which
was offered in the legislature by Senator
Tucker Of Richardson county, was the pro-
vision requiring the division OF the number
Of voters by the number Of precincts in the
county to obtain the uuotient which was 20
serve as the basis for the selection 'of
names from a list. The state legal depart
ment claimed that in most instances this
resulting quotient would be a fraction and
that 1t was physically impossible to use it
in picking out the names on the list. Other
features OF the act were also found to be
imperative because of vagueness.
The invalidation of this act will leave
the counties affected free to resort to the
old law in choosing juries Because Of the
uncertainty as 20 the act practically all
criminal prosecutions have been delayed in
the elghty-seven counties affected so as
to permit the court 20 pass on the validity
of the act.
Newly Sentence Reversed.
William Newly of Friend secured a re-
versal of a two years term in the peni-
Tertiary imposed upon him by the district
court of Saline county, in which court he
was found guilty of forging and uttering
warranty deed. Newly IL an attorney,
who at one time incurred the enmity of his
! fellow students at the university law school
by wearing flaming red whlskers. and was
] finally the victim of a riot which deprived
| him of his adornment. Since his conviction
| he was disbarred by the district court of
Saline county. but no action was taken in
the supreme court pending the determine
| ton Of the criminal case.
Lucas Gets New Trial.
The life sentence of John r. Lucas of
| Phelps county is reversed and the case re-
| manded for a new trial on the ground that
there was such prejudice in the minds of
certain jurors that he should have been
| granted the change of venue for which he
asked and that he did not receive an i'm
| partial trial About a year ago Lucas shot
and killed Clyde Lester. a man who had
been In his employ, in a dispute over wages.
| Holt County Man Gets RehearinE.
| The case of Joseph Nickollzack, from
Holt county, is reversed on account of inn
proper conduct of the prosecuting attorney,
who upon REORGANIZATION endeavored to
prove that the accused was guilty Of a
like offense upon another young girl. The
defendant was found guilty of criminal
assault upon Lena Kmich, under 10 years
| of age, and was sentenced to the peniten-
tiary for a term of six years.
Fined for Rolling Cigarette.
Pat" Raymond Lincoln youth scarcely
more than il yearsiof ass, vas today fined
$50 on the charge OF rolling a cigarette
Police Judge Cosgrove. who assessed the
penalty, declared that under the recent de.
cislon of the supreme court. sustaining the
law no lesser penalty could be assessed
for a violation of the statute. Raymond
did not have the money to pay the fine anC
the costs of the prosecution and he was
committed to the county Jail.
Finds Traces of OIL.
Prof. George r. Condra of the department
of geology of the University of Nebraska
this afternoon declared that traces Of OF
and natural gas exist near Salem, Falls
City, Cambridge and Humboldt He wa
inclined to believe that drilling would yielC
no results at Burnham. He declared tina
the oil bearing shales extend from Okla
homa. through Kansas and into Nebraska
He thought that test wells should be driver
along the Nemaha and in southeastern Ne
braska. These, he declared, should b.
more than 1900 feet in depth. The ChFo
kee shales in which oil and gas abound
have been found in many parts OF tn,
state, he declared. Plenty of oil excite
ment exists. he admitted. The state de
partment is preparing maps and charts 70
the enthusiasts showing the probable 10
cation of the oil and the depth of the strat'
in which II is likely to be found.
skeleton of FOur-HOrned Antelope
The Morrill, expedition on the last trip t.
the sand hills of Sioux county discovered
the skeleton of a four-horned antelope
one of the primitive animals of the state
Prof. Barbour has written a scientific de
scription of the animal and named It tn
syndyoceras cooki. 1t was a trihe smalle
than the animal which has recently beef