Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-10-07

panies which are under fire have done
large business in the state in past years
and their agents have found 1t a good field,
so that the revocation Of the license would
be an effective penalty Any action by the
auditors department would not, however,
interfere with insurance contracts now in
force, and the holders Of the policies will
remain undisturbed in their rights.
ScavenRer Law IL valid.
II Is pointed out with reference to the
decision of the supreme court in the case
Of State ex rel. william Saunders against
Robert o. Fink that it afirms anew the
legality of the statute providing for the
sale of delinquent realty for less than the
amount OF taxes due, one OF the points
which has been urged against all of the
legislation on the ground that II provided
for an unconstitutional Communication Of
taxes Last spring a decision was rendered
affecting one branch Of the legislation, but
by inference sustaining the statute under
which proceedings have been instituted in
Lancaster and Douglas counties. There
still remained in the minds of some law
yers a question, which has been removed
by the opinion handed down yesterday,
which, in speaking of the claim of Saunders.
says;
He had the right to purchase at the
sale the tax certificates in dispute for the
amount due thereon, although that amount
might be less than the decree"
In a nutshell this rule covers the entire
| case, holding that the city cannot sell the
certificate for less than was paid for IL,
but that the law is valid in providing for
sale of the delinquent property for less
| than the amount of the decree, which rep
| reserts the taxes and accrued interest due.
The opinion, held by Lancaster county Of
ficials. who examined the decision. leans
towards the view that the action of the
court will save cities from unfair deals in
tax certificates.
Missouri River IL NavtRabIe.
The Missouri river is a navigable stream.
no matter what the skeptics of inland
towns may think of It, for the supreme
court has uttered its ukase to that effect,
for such 1t is since the opinion in the case
OF William Kinkead against c. w. Tur-
geon, from Dakota county was filed
| The case arose from the fact that the
| river shifted it's channel one night, leaving
Kinkead's farm on the bank without the
water front, which he was wont to have.
Turgeon located the land in the dry channel
and Kinkead claimed It, going into the
| courts. The supreme court now upholds
the entry by Turgeon on the ground that
| the stream is navigabe and public water,
| that, therefore, the claim Of the riparian
owner to the land extending 10 the middle
OF the chanel cannot be sustained. How
ever, the court says. had the change been
very gradual and through accretion. he
would own whatever area was thus added
to the farm.
Bread and Water Sentence Goes.
| The supreme court has decided that the
imposition Of a Jail sentence on a bread
and water diet is not such a cruel and
unusual punishment as to be within the
ban OF the constitutional provision. 1t has
denied the application Of a man named
Erickson, confined in the Polk county Jail.
for a writ OF habeas corpus, which he
sought on the ground that he had been
ordered on a bread and water diet for the
last twenty days OF Jail sentence. imposed
for taking part in an ARRAY.
Lost Baby at Gretna.
Burlington trainmen are authority for the
story that a Lincoln woman, whose name
was not learned, lost her babe at Oretna
| under peculiar circumstances yesterday.
She stepped of the fast train thinking
that Lincoln had been reached. and In the
furry Of the moment handed the babe to a
nearby woman, mistaking her for a waiting
friend, and started to look after her bag
gage. Just then she discovered her mis-
take and the train started. She forgot her
child in her anxiety to board the train
and, as It was too late 10 go back. the
woman was carried to Lincoln. while a
Gretna woman was left worrying over the
possibilities Of disposing of her unbidden