Omaha daily bee., 1906-04-13

the Beatrice bank for collection. The
Beatrice bank had also gone out OF bust
ness.
Suit was hled in the county court Of
Gage county. where the defendant was
given a verdict. An appeal was taken to
the district court where again the de-
PENDANT won. The bank asserts the
statute OF Limitation has run against the
account and inasmuch as the plaintiff
made no EFFORT TO collect the check for
nine years. Il is his own fault and he
is not entitled to recover.
Allen Goes TO Idaho.
A. b. Allen, secretary to Governor
Mickey. has gone to Idaho on personal
business and will be absent from Lincoln
for a week or ten days. While away Mr..
Allen will also visit relatives in that state.
Company Has No standing.
The insurance department has been in
formed that a New York fraternal insur-
ance company was doing business in the
nelghborhood Of Holdrege and information
was desired relative to the right of the
company to do business in Nebraska. The
company is known as the National Protec-
tive Legion of waverly, N. Y. and, ac-
cording to Mr.. Pierce, it has no license to
information regarding the charge that the
company Is doing business and the arrest
Of agents will probably follow.
Appeals from verdict of Guilty.
The legal department today filed a brief
in the supreme court in answer to the
brief Of William Livinghouse, who has APP
pealed from the judgment OF the district
court Of Wayne county, which was that he
must serve three years in the state peni-
Tertiary for a statutory crime committed
on the person Of Maud McRoberts, aged
IS years. Livinghouse worked for the step
father of the girl and was charged by her
with being the father of her child. The
mother Of the girl testified at the trial
that the defendant had offered to make
any settlement she demanded to straighten
out the matter without getting into court.
while the stepfather testified to practically
the same thing. A 13-year-old sister Of
the girl testified to having seen Living
house in the room she and her sister &C.
cupied on numerous occasions after they
had retired. Livinghouse entered q general
denial of the charges against him and dis
puted the statements of the witnesses for
the state in every particular.
The attorney general holds the jury
should be competent to Judge who was
telling the truth at the trial and therefore
the judgment should not be set aside.
Cell Cases Appealed.
The Van Dorm iron works has filed a
brief in the supreme court to get the de-
cision Of the Lancaster court sustained
In the case wherein the company brought
a mandamus suit to compel the auditor to
draw warrant to pay 1t in full for putting
in cells at the state penitentiary.
he 70 h.
because the contractors had not connected
six of the cells known as female and
| Juvenile cells with the sewer system, as it
had the other cells. The company asserts
this was not specified in the contract and
| that not only the state architect had ac-
cepted the Job as done according to the
| plans and specifications, but the State
Board of Public Lands and Buildings had
also accepted the work.
The case dates back TO the legislature OF
1903, which appropriated $4,000 for the con-
structlon OF $40 steel cells. AS soon as the
appropriation was available the state. board
advertised for bids and let the contract to
| the Van Dorm company to construct 156
cells at a cost of $4,000. The work was
completed and the job accepted by the state
board. Auditor Weston however, refused to
| issue the warrant because the appropriation
! called for 240 cells. The board again adver-
tised for bids and the Van Dorm company
agreed to construct the remaining eighty
| four cells for the balance of the apprupria-
ton, which had shrunk to ss,ss2.
1t was agreed that these cells should be
placed on top OF the other cells, but there
was not room for all of them, and six cells
had to be placed elsewhere These six
cells were not connected up with the sewer
and contained no sanitary closets. Because
of this the auditor again refused to draw
the warrant for the balance of the appro-
priation, some 81, 23S The company brought
suit for mandamus to compel him to act
and won in the district court. The state
| appealed.
The company asserted that the matter of
the sewerage in the six cells was left to
the discretion OF the board and the bill
making the appropriation had not been vio-
NaNl