Omaha daily bee., 1906-09-27
CITY is GELD FOR DAMAGES
No Right to Give Amusement Company the
%, Of Public Streets.
UNIVERSITY ASKS BIG APPROPRIATION
Number of New BuiIdinss Projected
by REGENTS and Legislature wtii
he Asked to Appropriate
the Cash.
IRON a Stan Correspondent

From a Stan Correspondent
DIES MONIES, Sept. s6-(Special)-A city
has no right to give over its streets to
amusement companies or Fourth OF july
celebrations, according to the supreme court
OF Iowa, and " city does allow obstrue-
tions 10 be erected In the streets Tor such
purposes such distractions are nulsances
and the city Is liable for any damage that
may result. This conclusion sis reached in
decision handed down today be- the court
in the case of NJ. Wheeler appellant,
against the city OF Fort Dodge. In the dis
trict court Of Webster county the court
directed a verdict in favor Of the city. For
the Fourth OF July celebration for 1908 the
city Of Fort Dodge turned It's streets over
completely TO the Commercial club. The
Commercial club as one Of the attractions
advertised slide for life In which n
young woman undertook to slide on wire
from the top OF the court house to the
street below. When she made. the slide
the harness that held her broke and IN
falling seventy feet to the street below she
was killed and fell upon and injured NJ
Wheeler. a laborlng man. The court holds
that cities have a right to allow temporary
blocking Of the streets for necessary pur-
poses such as erecting buildings, but that
to allow such use for the erection Of wire
for a Slide for life" In which the element
OF danger was the sole attractive feature
ia not at all necessary and that such
wire is nuisance and the city Is hahle
for all damages. The case is reversed and
ren1a nded for new trial to fix the amount
of damages.
The court reversed tire case of the town
OF Nicola. in Pottawattamie county. against
s. w Reichart on charge disturbing the
peace The town appealed the case Reich
art and a man named Roley engaged in
friendly scufie which ended in a night IN
Steffen's saloon. Reichart was arrested for
disturbing the peace and in defense claimed
the town ordinance to be unconstitutional
The court decided for Reichart and holds
that he could have been held for assault
or assault and battery, but not disturbing
the peace
Big sum from Leuisinture.
The University OF Iowa will ask for
round sum from the legislature that VIII
meet three months from now. The regents
| OF the university met yesterday and de-
cided that the great influx OF new students
which is this year greater than ever befo'o
necessitates the erection OF woman.s
doFmitory to accommodate seventy-hve. II
| IL asserted that the residences OF Iowa City
possible for young women to get any place
to board and room, many people
! refuse to take young women. The legisla-
ture will be shown plans of the, proposed
dormitory and asked for an appropriation
! Under a law passed at the last session all
( buildings to be erected under the millage
| taxes must. be planned and the plans and
| specifications submitted to the legislature
before the work is started. Under this law
! the regents yesterday decided to submit to
! the legislature at the coming session plans
1 for new law school building, new
/ physics building, greenhouse. the plans
| for completion of the west wing of the
| engineering school building. two wings, to
fthe hospital and residerce building for
the president. At the last session the uni
vesity asked for scarcely. anything In the
| way OF new buildings and seems to he
catching up this year. The estimated cost
! OF the proposed buildings VIII NOT be Known
| till the architects have drawn the plans
/ and made estimates The regents yesterday
{ let the contract for steam lavatory for
the engineering building.
! Speakers on the Jump.
/ Governor Cummns spoke today ct elm
! ton and tomorrow speaks at Dorimer. in
( Union county, and on Friday i'm waverly.
He will thus cross the state practically for
each speech.
Des Moines VIII Help Fair.
/ The Boost Des Moines Committee" of
the Commercial club today decided to buy
| the seven acres that the state fair desires
and for which 1t proposed to trade
| thirty nine- atres OF land to the east OF the
/ present grounds. The committee proposal
10 buy the seven acres of land and turn II
over to the state fair and ask the legisla-
ture next winter to make an appropriation
TO cover the amount.
Girl Resains Consciousness.
!, Bessie Thompson Of ottumwa, the girl
! who tried to commit suicide yesterday and
whom the hospital authorities said last
night could not possibly recover. regained
/ consciousness today and the physicians
now say that there is a bare chance that
the girl will recover.
!, Warden Hunter Holds own.
Information was received from Anamosa
/ today by the Board of Control to the effect
! that Warden Hunter is holding his own,
and there is some little hopes that he will
recover,
EnJOiHr state Secretary.
Judge Brennan OF the district court today
! issued an Injunction restraining Secretary
Of State w. B. Martin from Distributing
any more OF the Official registers" which
I the union labor people are endeavoring to
prevent the state from paying for because
I Of the work being done outside of the state.
/ II was shown the court that large per
/ cent OF the edition has already been bound
/ and delivered TO the secretary OF state and
that unless restrained all would be de-
livsred. The suit TO entoin the state from
! paying State Binder Howard Tedford for
the binding has not yet been heard.
I For sale.
A GOOD PAYING SHOE STORE, DOING
81. 800 A MONTH. WILL INVOICE 5000.
SPLENDID OPENING. 3 DUNCAN