Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-10-20


Anti-Cigarette Law valid.
That portion Of the anti-cigarette law |
which makes Il unlawful TO give away |
cigarettes and cigarette papers is sustained |
by the supreme court and the judgment of |
the district court Of Douglas county Is re- |
versed, and John Alperson, who was ar
rested under that clause and who sought |
to secure his liberty by writ Of habeas
corpus, Is remanded to the custody Of the
officer Alperson contended that the laTt
of the act which made giving away of
cigarettes and cigarette papers was uncon
stitutional because It was a subject not
suticiently expressed in the title of the act.
The title prohibits the manufacture and
sale Of cigarettes and cigarette papers. The
court says:
II the barter and gifts OF cigarettes and
cigarette papers is not prohibited by the
court II is manifest that tho purpose and
intent of the legislature is thwarted and
we think that purpose and intent is plainly
to be derived from the title of the act it.
self
The court holds that the intent OF the act
Is sufficiently expressed In the title and
says:
The legislature undoubtedly supposed that
the use Of cigarettes was injurious to the
public in general through its effect upon
intention was to remove these articles from
the avenues Of commerce, to Danish them
from the state as guilty and ille2tthnate
easy of access by vicious or thougl'tlcss
people who are or may be injured thereby.
Critics Not in Contempt.
Albert w. Critics an attorney OF Children,
who was adjudged in contempt o. court by
the judge of the district court and fined so.
has secured a reversal W the judgment.
The supreme court holds that the record In
this case is defective and does rot sustain
the judgment complained OF. Prescriptions
and amendments will not DO mi llged in,
the court holds, in order to sustain convic-
lions for contempt of court
Bars Flag on Advertising.
Brewing companies and other manufac-
tories cannot use the national flag as
trademark. This the supreme court decided
in unfolding the McClay law to prevent
the Dissertation of the flag of the United
States Halter & Hayward, saloonkeepers
of Omaha, representing the Willow Springs
brewery, were arraigned for using the flag
as a trademark on bottled beer manufac-
tured by this concern. They were fined in
the lower court OF Douglas county and APP
pealed on the ground that the law was
unconstitutional. The court holds that the
power to prohibit the use of the national
flag does not belong exclusively to the ma
tional congress, but may be exercised by
the several states: that the act of 1903 is
not obnoxious to the fourteenth amend
ment to the constitution Of the United
States, nor to the provisions of the state
constitution against depriving any person of
his property without due process of law
| and against special or class legislation.
Ruling on Miles Will Case.
! In the Miles will case, from Richardson
| county, the court has overruled motion
| for a rehearing. Upon REORGANIZATION of
| the case the court is satisfied that the ad-
ditional evidence offered in the district
court upon this application for a new trial
| is of such character that the intentions
of justice demand that the whole evidence
together be submitted for a determination
of the issues presented. Upon the evidence
as 1t now is 1t would be the duty of the
district court to set aside it's former judg-
ment upon the probate of the will and the
orders of the county court in that regard
and retry the whole case presented by the
proponents and contestants of both of the
alleged wills respectively.
In the case of William H. Miles of From.
tier county, judged in contempt of court
for trespass, the judgment of the district
court is affirmed.
Albert Blackner, convicted in Keya Paha
county of forging warranty deed, hss
secured reversal and his case is re
! nanded for a new trial Notwithstanding
the verdict of guilty rests almost entirely
on his own alleged confession made Will,
under arrest awaiting trial The cour
holds that one cannot be convicted of {
felony upon his own unsupported extra
judicial confession that a crime has beer
committed.
stock shipper Loses Out.
| While holding hot
negligently refusing to receive live stool
for immediate sale upon the market i
liable for the expense of keeping tn
stock caused by such delay and for the diff
ference between the price of the stoc
when 1t should have arrived at the marke
and the price when it did actually arrive
the court holds in a suit instituted b
Alva Todd of Farnam that damages canno
be awarded from a claimed decline in tn
market price of stock of the general de
scription of that which the railroad negl
gently refused to accept. Todd received
verdict in the lower court for $40 damage
on account of the neglect of the raiIroa
company to ship sheep to South Oman;
The supreme court reversed the lowe
court.
The following opinions were filed:
Yates against Jones National Bank, al
| 1AleS against UTICA Bank, az
firmed. Yates against Bailey, affirmed
Yates against Bank of Staplehurst a.
firmed Western Travellers Accident AssC
citation against Thompson, third paragrap
Of syllabus of former opinion modified; mC
ton for rehearing overruled, per curian
Williams against Miles motion for rehea
ing oVerruled, per curtain. RosenbuT
against Specher, judgment of reversal va
Gated; defendant allowed to file REMIT
tur. Portsmouth against Murphy, r.
Newman, reversed and remanded ModeI
Woodmen against Plummer, dismisse
Roby against Pierce, reversed and r
manded. Galloway against Rochester Los
Banking company affirmed. Wecker
4 against Taylor, reversed Chicago, Blu
| lington & Quincy Railroad company again
| Todd, reversed and remanded. Out
! against American Bonding & Trust con
/ pany, affirmed as to American Bonding
! Trust company; reversed as to defendan