Omaha daily bee., 1905-11-01
IN DoYLE-BURNs CASE
Decision ON Motion for New Trial Not
Expected soon.

Decision ON Motion for New Trial Not
Expected soon.
Arguments in the hearing Of the appliC,,-
ton Of the plaintiff in the Doyle-Burn min
Ing suit for a new trial we're completed be-
fore Judge Thornel In the district court
yesterday afternoon II will be several
weeks, however, before the court will he
able to hand down his decision as counsel
on both sides are TO submit briefs and the
cross-examination and REORGANIZATION Of
James +. Burns and +. G. Peck on their sf-
idavits has yet to be made before COM
mission in Colorado.
The defense refrained from reading i'm
open court its batch Of counter afidavits
but merely submitted them to the court as
part Of its case The opening argument
for Doyle was made by Branch Giles, the
Denver attorney. who made his first appear
ance in the case here. He was followed by
Ex-Governor c. S. Thomas and Congress-
man Smith, while John n. Baldwin made
the concluding argument for the plaintiff.
Judge Green, who was to have convened
the November term of court here yesterday.
was in Atlantic, where ne opened the term
there for Judge Thornell. In his absence
JudgeNThornell went through the formality
of converting the term, but the impaneling
OF the grand jury was postponed until thus
morning when Judge Green will be here.
The written decree OF Judge Macy in the
vaccination injunction case brought by L.
Canning and others against the local Board
of Health which was recently rendered
orally, was received yesterday. The writ
ten decision is substantially the same as
that delivered by Judge Macy orally from
the bench.
| The most important parts of the ruling
are as follows:
! That boards of health do not have the
power to specify and enforce any recog-
| nized method of vaccination to the exciu-
| sion of others recognized and practiced by
| or established under the laws of this state
That for many years II has been taught
| by the homeopathic school of medicine that
treatment by the administration of var .olum
commonly known as the internal method
/ Of vaccination, is equally or more effective
as a preventative Of smallpox than vacci-
nation by the scarification method, and that
/ vaccination by the administration of vario-
/ lum the internal method has for many
years been practiced by the homeopathic
That the rules of the State Board OF
| Health were and are void in that said State
| Board OF Health had no authority under the
| constitution and laws OF this state to make
such regulations and that the State Board
| of Health had no power or authority to re-
' quire vaccination at any time by the meth
DDS prescribed by any school of medicine &c
the exclusion of the method approved by
any reputable, recognized and standard
school OF medicine.
In the suit brought in the district court
by ]. NJ. Taylor and other policyholders ir
the National Masonic Accident association
to have the transfer of that company to the
North American Accident Insurance com
pany of Chicago set aside, a petition was
filed by the defendants yesterday asking
that the case be transferred to the fedora
court on the grounds OF the North American
Accident Insurance company being a resi-
| dent Of the state of Illinois and not of Iowa