Omaha daily bee., 1905-12-21

was not personal injury. but for damages to
his business employment and property. and
that it was. therefore. included in the
causes Of action affected by the bank
ruptcy statute.
Must serve Fifteen Years.
The supreme court has affirmed the
ifteen-year sentence Of Clarence SWEET Of
Holt county. who was convicted OF criminal
conduct with a 5-year-old girl. who subse-
quently died Of a secret disease. SWEET
alleged error in the admission OF testimony
and claimed right to a change of venue,
but the supreme court holds that the con-
viction was legal. Swetts crime was OK
the most abhorrent nature. although the
testimony at the trial indicated that he is
a man OF education. He had been trained
in a Nebraska college.
The matter Of granting a change OF
venue. the court says, was within the dis
erection Of the trial Judge and In the
absence of proof OF an abuse of the dis
erection the ruling cannot be disturbed.
Must Look into Murderer'r sanity.
The supreme court has handed down It's
formal opinion in the application OF the
attorneys for Frank Barker, the Webster
county murderer. to have mis- sanity passed
on by the district court. The order revers-
ing the district court and commanding IL
to assume Jurisdiction was issued in time
to prevent the hanging last June. The
court says in the syllabus
The Jurisdiction of the judge of the dis
trict court of Lancaster county to inquire
as to the sanity of convict confined 70
the state penitentiary under sentence or
death does not depend upon the giving OF
the notice by the warden. IL IL is alleged
In a mil
oath, that the convict Is insane, and that
the warden unjustfably refuses to give
judge to make such investigation as will
satisfy him whether there are such APP
pearances of insanity as will justify the
summoning of jury to try the question.
widow Given Home.
In the case of Mary ]. Mcintyre against
Charles H. Mcintyre and Mary r. McIn-
tyre, appealed from Cass county. the
plaintiff. a soldiers widow, 81 years of age
has secured the cancellation of the con-
veyance of her home to her son-in-law. The
plaintiff was the owner of small cottage
and two lots in the village of Louisville
She had no other property and no othci
| means of support except a widows pension
She conveyed the property TO her son AND
daughter-in-law upon an express promise
Of support. Within a short time of the
| conveyance she was elected from theii
home and compelled to seek support else
| where. 1t is held that the decree of thc
district court cancelling the conveyance
| should be confirmed.
| Can Not Allow Similar Name.
The state auditor is not authorized e
issue a certificate OF organization TO a so
| cety whose name or title so resembles {
| title already In use IN the state as to hav'
a tendency to mislead the public. Unde
| this holding Of the court the Western Mac
| cabees. a fraternal beneficiary association
! organized at Grand Island is deprived o
| the right TO use the word ''Maccabees' Fl
| the formation of its corporate name. TIL
| plaintiff in the case is a Michigan corpora
| ton and Is authorized to do business II
| this state under the name THE Knight
| Of the Maccabees of the World" 1t ha
been doing business under that name 70
more than twenty years.
Must Pay for Excess Fee.
For the second time the supreme cour
has held Walter A. Leese. formerly justic
| If the peace in Lincoln, liable for an acto
COR the recovery OF $50 as a penalty 70
charging 50 cents in excess of the lega
fee The action was instituted by Mis-
Sarah r. Harris OF the Corrier Printin
md Publishing company, who had brough
| suit in Justice Leese's court. In settln
the bill OF costs it was alleged that tn
justice charged an excess of 80 cents. Til
court holds that the taking of fees by
justice of the peace for services performe
by him for which no fee Is allowed |
actionable. The court holds that the statut
as applied in this case is unjust, but unde
the facts there was no other course ope
to the trial court except to direct verde
for the plaintiff.
Rogers May Sue.
In the case of G. Sam Rogers against tn
, city OF Omaha the Judgment of the distrlc
court is reversed and a new trial granted
The court holds that under the Oman
charter Of 1898 cause for action upon a
award OF damages to one whose propert
} was taken for a public street did not a,
crue until the lapse OF time REASONABLE
sufficient for the creation of a special fur
for the payment of such damages.
Not Liable for Overflow.
In the case OF William Hopper again
Douglas county the court holds that Il
county is not liable in damages to an ind
vidual landholder for the negligent dive
sion OF surface water in the improvement
and construction OF public highways, M
is the county liable for damages for Il
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