Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-09
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Supreme Court Says Thomas Can Have it
BY Paying Reasonable Price
BOYD COUNTY SETTLERS GET A CHANCE
Cannot he Ousted from Lands In Con-
trOversy without Appraisement
and Payment for Inn
provements.
lFrom star CONVERSATIONAL


Board OF Fire and Police commits J
sioners is not required to furnish a tran |
script TO a party desiring to appeal from
the decision Of the board granting liquor
license. without the payment Of fees there |
for This is the decision of the supreme !
court m the mandamus suit of Elmer f.
Thomas against the Board of Fire and
Police commissioners.
The court holds that a party desiring
to appeal from the decision of the board
is entitled to a certified transcript OF the
record upon demand and the payment of
reasonable fees for making such transcript.
While Judge Letton concurs in the result,
on account OF the failure OF the relator
to tender a reasonable fee for the
transcript, he dissents from the
views expressed as to the board
not being compelled to furnish the tran
script of the evidence on account OF the
manner In which It was taken. II the
evidence is taken pursuant to stipulation
the decision of the court is that the board
will not be compelled by mandamus to
reduce the evidence TO writing in the
manner provided for by such stipulation
without payment of the extra expense
| for so doing made necessary by the usual
manner of taking the evidence.
Chance for boyd County Settlers.
The court has decided that neither the
| state not the ntervenors who leased state
lands in Boyd county were entitled to the
possession of these lands when action
was begun by the state to Gust settlers
| from the lands without first having their
| improvements appraised. The action was
| dismissed at the cost of the state. The
state sought to Dust George w. McCright
Alexander II. Blair and others who had
settled on the land in controversy in 1908
and who began improving the land. In
| a former decision by the court IL was held
/ that title to the land was vested i'm the
! state. In this case the right of the settlers
| to possession OF the land is asserted on
| the ground that they have made valuable
| Improvements and that the state cannot
Gust them without first having their i'm
provements appraised. The state officials
refused to appraise the land separately
from the improvements, the defendants re-
/ fused to lease them and the lands were
leased to other persons who interviewed and
demanded possession of the lands under
their leases. These leases were made by
Land Commissioner Follmer.
DIpsOmanisc Law Upheld.
That the dipsomaniac law is constitu-
tonal in the main is the decision of the
court in the application of John Schwartz
decides that the law is pari materia of
other laws providing for the detention, care
and discharge of persons committed 10 the
| hospital for the insane and must be con-
| strued in connection Herewith. That part
of the law which provides for parolng
dipsomaniacs, requiring them to refrain
from the use of liquor and to keep out of
the company of drinkers, was declared un>
constitutional. Judge Letton wrote the de-
cision.
The decision states that
! The law is an exercise Of the paternal
care of the state. designed for the benefit
| Of those persons whose mental fibre has
become so weakened by the excessive use
of intoxicants and narcotics that they are
unable to refrain from undue indulgence
In the same and In whom the craving has
| become so intense to be in the nature
| of a mental infirmity.
The law is not enacted to punish crime
and is by no means penal in its nature.
! on an equality with all other citizens. In
sofar as the provisions of section provide
| Tor the restraint or persons who have been
! cured, they are in conflict with the constitu-
ton and must fall.
The application OF John Schwarting for
! writ OF habeas corpus is denied.
Norfolk Hearing Adjourned.
Governor Mickey, Attorney General
Brown. Land Commissioner Eaton and
State Secretary Galusha and Treasurer
Mortensen returned at noon from Norfolk
where they went to take testimony i'm the
| chages against Superintendent Alden and
DR. Nicholson. They will return TO Nor
folk next Wednesday to resume the hear
ing. None of the officers will discuss for
publication the testimony introduced, al
| though it seems to be the opinion of most
OF them that little evidence against DR.
Alden was secured. 1t is the intention of
the board to examine all OF the employees
| of the institution.
Tabftha Home building Burna.
The old orphanage building at Tabitha
home was completely destroyed by fire this
morning. Owing to the efforts OF the
matron of the home, Mrs Hattie Hamlin.
seconded by Mayor Brown, none of the
| inmates was injured and the flames were
prevented from spreading to the main
| building, The loss is estimated at about
1900. IL has not yet been discovered
whether or not insurance will cover any
part OF this, as many policies were allowed
to lapse after the deposition OF Henry
Heiner and Rev. Mr. Sherck has been in
charge too short a time to have attended
TO obtaining new policies.
The glare from the fire awakened Mrs.
Hamlin at about 2SO this morning. She
Immediately telephoned to the city fire
department, but told that the home
was Npo ldl lEoul the city 10 send
the fire apparatus. The police told her
the same thing. In desperation. she called
up Mayor Brown who promptly ordered a
company OF firemen out to the scene. The
building was almost gone when they ar
rived and they were unable to attach their
hose to the water tank, but the fire was
prevented from spreading 10 the other
buildings. There are about twenty chill
dren maintained at the home and a num-
Der OF aged inmates. Some think that the
blaze was the work OF an incendiary. but
Mrs. Hamlin declares that she believes
that mice and matches were responsible.
WhRIey Not a Candidate.
Senator Whaley. who represented Nance
( Merrick and Polk counties I'm the last
legislature was a visitor to Lincoln today
and announced that he would not be a
candidate for reelection.
The senator comes from Polk county
this year" said Mr.. Whaley, "as il goes
from one county TO another each year. We
n in Merrick county are doing little talking
about state officers OF a United States
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