Omaha daily bee., 1906-07-15
TEMPLE AMENDMENT VALID
Unlawful for Railway Employees to Sign
Away Right to Damages
SUPREME COURT DIVIDES ON CASE
Has Been Pending since 1903 on
Appeal from ApPanOOse County
-YOeman sued for
Damages.
From a stan Correspondent }


DIES MONIES, July 4.-(special. THE
supreme court today sustained the con-
stitutionality Of the Temple amendment,
which declares unlawful any act OF a rail-
road employe in signing away his right to
sue for a personal injury. The case was
submitted to the court from Appanoose
county in 1903 and from the opinion handed
down two OF the judges dissent The
Temple amendment has attracted wide at
tention. The opinion holding the law con-
stitutional covers fortY-seven typewriter
pages and the dissenting opinion twenty
two Every phase Of the question is dis
cussed by the judges, Uut the only point
passed upon Is the consttutionality. Judge
Weaver wrote the opinion of the court and
Judge Ladd wrote the dissenting opinion,
Judge Bishop joining with him in the con-
clusions. The dissenting opinion is based
chiefly on the claim that the law is class
legislation.
Given 20 OsceOIa Grandmother.
Judge Hugh Brennan Of the district court
today turned over to Mrs. Lizzie Barnhill
of Osceola, Ia, her grandson, Marvin Barn
hill, who was arrested here for stealing
some whisky from the Bob King saloon.
Two other boys were arrested with him.
THE Barnhill boy is u years old His grand
mother explained to Judge Brennan that
the boy has never known a mothers care
and she promised TO devote the rest OF her
life to the boy In trying TO be a mother to
him II Judge Brennan would give him
his liberty. The case was heard in juvenile
court. The other two boys are held await
ing a further hearing In their case.
Tovner IL President.
Judge H. NJ. Towner Of Corning is the
new president Of the state bar association
The other officers elected are: Vice presi-
dent d. d. Murphy, Elkader, secretary
{. NJ. butcher, Iowa City; treasurer, Chas
s. Wilcox. Des Moines; executive commit
tee, Charles A. Carpenter, Columbus June
tlon; John Dewitt, Muscatine; z. NJ. Carr
Manchester; ]. II. McConlogue. Masor
City; ]. l.. Carney, Marshalltown: W. r
Lewis Montezuma c. G. Lee, Ames w
f. Miller, Bedford H. Il. Hoffman. Guth
rie Center; Wesley Martin, Webster City
NJ NJ White, Ida Grove; delegates tC
American Bar association meeting, w. II
Baily Des Moines; A. z. Swisher lowe
City; NJ. A. Walsh, Clinton.
Sues YOemen for SIBO,OOO.
]. 3. Gsssage arrived from San francisco
today and says he will start suit agains
the Brotherhood OF American Yeomen fol
$4,000 damages for violation OF contract
While J. K. Paul was president OF tho
order Gassage was given a fifteen years
contract as manager OF the Pacific coas
division. When the new regime got holC
of things Il annulled the contract on tn,
claim that It was Illegally made. Gassag,
sued in the California courts and got
judgment for $4,000 on default which hal
been set aside Now that the earthquake,
has put the courts in a state of chaos h,
has decided to start the suit over again
here.
Sets Date for Hanging.
Governor Cummins today set the dat
for tho hanging Of Louis Busse for Decem
Der IA, instead of August 10. the repriev
being to give the attorneys for Buss
further time in getting their habeas corpu
case through the supreme court. Decem
her IA is also the date on which Mcwil
liams of buchanan county is sentenced l.
hang for an ntrocious murder in which h
Killed his wife and Ave children.