Omaha daily bee., 1906-01-04
BREEN MISSED The POINT
Request for Restraining Order in Copy Of
Motion Given Him,
CITY ATTORNEY stFosE SUPREME COURT
Asks that Restraining order Issued
Panding Hearing of Treas
urer's suit he Set
Aside.



LINCOLN. Jan. 3.--(Special Telegram.)-
City Attorney Breen of Omaha appeared
before the state supreme court at noon
today and urged. the dismissal of the re-
straining order issued yesterday in the
case of Gathers against Treasurer Hem
nings Of Omaha, forbidding the latter from
turning over the funds in his possession to
County Treasurer Fink. Mr.. Breen repre-
scented orally to the court that the purpose
Of Frank Ransom. counsel for Gathers, in
seeking the restraining order, was con-
cealed In an order asking the court to
advance the case for an early hearing.
Mr. Breen declared he had agreed to the
motion to advance but had no knowledge
of the restraining order feature until after
IL was granted yesterday by the court.
Mr.. Breen communicated by tele-
phone with his Office in Omaha and learned
from his assistant that a copy of the mo-
ton to advance, which near its conclusion
set forth the request for the restraining
order, had been filed with Mr.. Breen and
duly receipted for Mr.. Breen said, how
ever, that he had assumed that Mr.. Ran
son would inject nothing into 1t not men
toned in their previous verbal agreement
TO advance the case, as a consequence of
which he was taken completely by surprise
a restraining order.
During the afternoon session Mr. Breen
appeared again, filed a written motion to
vacate the restraining order and presented
arguments in support thereof
Busy Time for Court.
The supreme court tried to finish its work
tonight in order that Judge Holcomb might
give way tomorrow morning. but only par
A NJ mil Ions
were handed down at 6 o'clock. with the
intimation that there would be more to-
morrow morning. Eight of the twenty-five
opinions filed were Douglas county cases.
In the Jorgenson case, where the appel
liant had been refused a saloon license al
LA North Tenth street because there were
five in that block. the action of the police
board was upheld. The court says the
board has the right. in the exercise OF
sound discretion, to refuse license ever
where no protest had been filed
In the case Of Fred X Herman agains
City OF Omaha, the court affirms the dis
trict court as to street Improvement dis
trict No. $685. and reversed it as to dis
tricts e3 and 67. The court holds tina
park property is not subject to taxation
and that a metropolitan class city canno
petition itself for street improvements
The Regent Shoe company case agains
Haaker, involving use of a mercantile
trademark. was reversed and remanded
Other douglas county decisions are:
Gathers against Linton, affirmed; Bias
comb against Bascomb, affirmed; Standar,
Distilling and Distribution Company agains
Harris, affirmed; Allen against American
Beet Sugar Company, reversed and re
manded; State against Potter. receiver. az
drmed.
Other decisions are:
Smith against Street and Hitchcock, re
versed; Sheldon against Gage County, at
tirmed; state eS ERE, rel against IN, McM Monte,
chek. Colfax, reversed; Colgrove agains
Pickett, Gage, reversed; kupke agains
Folk. former judgment. vacated and 1udg
lnent OF district court reversed; Cour
House Rock Irrigation Company agains
willard, Cheyenne. affirmed; Ames agains
Ames, Washington, affirmed; Union pa
clio Railroad against Thompson and Tier
ney. brothers. Custer, affirmed; Burdic
against Sons and Daughters of Protection
Lancaster. reversed; City of Red Clou
against #. and NJ Banking Company, al
nrmed, Webster; David Roe against How
ard County, affirmed.
In Nebraska Telephone Company agains
Hall County, the court held that the prope
basis OF value for taxation was as a goin
concern. gross receipts and tangible prop
erty being taken together and not sepa
rately. The lower court was affirmed
Drexel Fee Case.
Another case that occupied considerabl
attention of the court was the mandarin
case In which County Attorney Siabaug
seeks to compel former County Clerk Drex
account to the county for some 500
ees alleged TO have been collected in exces