Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-08-20
BARNES DECLINES TO ACT
Primary and WoOdmen Assessments Must
Wait for Another Judge
CAN DO NOTHING WITHOUT ANOTHER JUDGE
Neither Case likely 20 BE Given n
Nearing Until supreme Court
Meets for Regular Term
in September.
From a san Correspondentl


LINCOLN, Avg. 19-(Special. Judge ].
y. Barnes Of the supreme court was in Lin
coin this morning having just recently re-
turned to the state from a vacation trip to
Wyoming and portions OF western Ne
braska. Judge Barnes said ne would issue
no alternative writ in the Douglas county
primary election law case and neither would
he issue an alternative writ in the suit to
compel County Clerk Drexel to add the
Woodmen Of the World reserve fund to its
assessment. Nothing could be done in the
cases until at least two members OF the
court are here, so there will be nothing
done until the first meeting of the court.
in September. The hearing in the grain
case is set for September IS.
Judge Barnes reports a most delightful
fishing trip in Holt county, where he said
he caught all the trout the law allowed.
ION several days" ne said I'VE caught as
many as the law allowed and had to stop
and sit around until the next day before
doing any more fishing"
The fishing party consisted Of Judge
Barnes, Charles Kelsey. Commissioner
jackson and s. F. Gilman OF Neigh and
parties from Bloomfield. Creighton and Mo
brara. During his trip Judge Barnes also
visited his son, who is practicng law at
Casper. wyo. He will not leave the state
any more before court meets.
Auditor No Check on Regents.
According to the opinion OF Deputy Au-
ditor Cook, the money appropriated for the
use OF the university can be spent by the
regents without being audited by the au-
ditor and when the voucher is presented to
the auditor It is his duty to issue the war
rant This conclusion Mr.. Cook has ar
rived at after searching through the stat
utes for some excuse for refusing to issue
A. (. --Fe. "a
The Board OF Regents. 1t is a question
whether the statutes covering the expendi-
lures for the State university do not con-
hict with this section OF the statutes:
Section s, article TX. The legislature shall
provide by law that all claims upon the
6y the auditor and approved by the secre-
tary OF state before any warrant Tor the
provided, that party aggrieved by a de-
ciaion of the auditor and secretary of state
may appeal to the district court.
Insane Go to Norfolk.
A load OF female patients numbering
thirty-fve was taken from the Lincoln Hos
pitaI for the Insane to the Norfolk asylum
this morning. with superintendent Alden
and three attendants from the Norfolk in
stitution in charge. These patients will MI
one Of the cottages at the Norfolk asylum.
two cottages having already been filled with
been insisting that DR.. Alden take more Of
the women patients. as nearly two-thirds of
discover 600 patients are women. Alden
just as persistently insisted taking the
men, as they would he useful TO him in
putting his institution and grounds In
shape Today, however. DR.. Alden had to
take the women
Wants Tax Levy Reduced.
This morning c. o. Whedon filed an ap-
peal 10 the district court asking II to force
the Board OF County Commissioners to cut
iown the levy from 9h mills to mills.
He says that last year he petitioned the
court to cut the i5-mll levy made by the
board in two, because the amount that was
asked was extravagant and unnecessary for
running the county for 1904
This year, he states. the value OF the tax
able property has largely increased and 7
mills is ample to meet the demands. He
says that he has been taxed one-1fth on
property in the county, being assessed at
$4,000,
Mr.. whedon filed this appeal to the Board
of Equalization shortly before It made the
p1s-mill levy for the current year. 1t was
turned down and now he appeals 20 the dis
trict court for relief. In his appeal last
year he lost out
Disagree over Light.
James T. Smith and Anderson Williams
became involved in a quarrel whether they
were burning gasoline coal oil in the
. lamp in their room, with the result that
y a fight started. Williams so It is claimed.
jerked out a knife and did a little carving
until Smith got II away from him. Then
Williams backed into room and locke.l
the door and prepared TO stop the flow OF
blood which had started during the fight
About the time he heard Smith at the
door telling what he intended to do ia
williams with a large knife, Smith took
to the woods, going through second story
window without paying any attention to
the glass. He landed on the roof OF one
story building badly cut. and both mer
were later arrested. Smith broke through
the door Just as williams left through
the window. Both are colored.
Rain Damages Bridges.
The tremendous rain OF Thursday night
which reached the proportions Of a cloud
burst in the northeastern portion of Ian.
caster county caused, It is estimated, al
least $4,000 damages TO bridges and cul-
verts About 80 per cent OF the bridge:
and culverts have been swept away.
Hundreds OF structures were washed
away Is the report of a delegation OF
citizens Of that section who came into the
once OF the county commissioners this