Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-19

water power at three points where the
canal is crossed by public highways. one
Of the defenses was that the canal was
really a creek and therefore the county
was obliged to build the necessary
bridges. The creek in question is a dry
run and the milling company diverted
water from the Republican river and
used the creek as a canal The judg-
ment Of the lower court is reversed and
the cause remanded with directions to
enter judgment requiring the milling
company to erect and maintain a suitable
bridge over its canal on the half section
line road running through section SO,
township ], range Z.
Company Must Furnish Cars.
In the case of Frank r. Robey against
the State Of Nebraska ex rel the Farmers
Grain and Live Stock company, error
from Buffalo county, the supreme court
affirms the judgment of the lower court
and holds that the Union Pacific rail-
road company is obliged to furnish cars
to the grain and live stock company.
Robey the intervenor, denied the right
of the railroad company to run cars on a
side track across his lots to the elevator
OF the grain and live stock company, as
serting that the side track had been built
only for the use of the Kearney Milling
company. whose property he had become
possessed Of by foreclosure of a mort
gage. The court holds that the side track
in question, constructed and used by the
railroad company and which connects
with it's main line and occupies a portion
of the public streets Of city, under grant
from the city, in the absence Of evidence
to the contrary will be presumed to be
part Of the public highway system Of
such railroad company.
Argument In Fire Escape Law.
Judge slabaugh, county attorney If
Douglas county, and w. w. woodrough
argued the constitutionality of the fire
escape law in the supreme court. Wood
rough appeared for the agent of the
Winona, Daley, who was arrested upon a
complaint filed by Deputy Labor Commits
sioner Bush because he refused to erect
a fire escape on the building. woodrough
contended the agent should not be held
responsible while Slabaugh cited cases
to show an agent is responsible, when
service cannot be got on the owner
Judge Day of the district court of Omaha
held against the labor commissioner and
in favor Of Daley.
skinner Must Pay Up.
The judgment for $1,000 against William
N. Skinner, because he went into the news
paper business after having agreed not to,
is affirmed by the supreme court. Skinner
sold the Springfield Herald to Louis A.
Wilson for S1.400 and agreed to forfeit 49, 600
as damages IL he engaged in the newspaper
business within the limits of Keya Paha
county for the next ten years Gin any way
shape or manner" Two years after this
contract was made another newspaper
called the Keya Paha County News was
established in the same village and was
ostensibly owned and conducted by Skin
ner's wife. Wilson alleged that Mr.. Skinner
was the real owner and managed the busi-
ness. He brought suit, alleging a breach
Of contract and the jury awarded him s. 900
damages.
Corporation LOuses Suit.
A corporation cannot act as an admins
traitor of the estate Of a deceased person
under the laws OF this state. This is the
judgment of the court in the case of the
Continental Trust company. administrator
Of the estate of Francis E. Reisdorph, de-
ceased appellant, against Soren T. Peter
son, appellee. The appeal from Douglas
county is dismissed. The administrator in
this case was appointed by the county
court OF Douglas county.
Inheritance Tux Law stands.
The supreme court has denied a rehear-
recently held valid This law provides a
per cent OF estates shall be paid to the
county treasurers where the estate is To-
Gated, to be used for the betterment OF
roads. In Douglas county the county Judge
refused TO appoint appraisers to pass upon
estates. and action was begun by the county
| attorney to compel him to act He was
successful in the supreme court and a
rehearing was asked for by some OF the
interested parties.
Capital City Briefs.
Governor Mickey left this morning for
| Osceola, where he will take few turns
around his farm to see that things are
in shape for big crop this year.
Judge Wall Of Loup City is here at
| tending the supreme court after a trip
through Alabama and Georgia on legal
business. Judge Wall said in the western
section of the state the largest acreage
of winter wheat had been sown this year
than ever before. and he predicts the bis
! gest crop in the history of the state.
Secretary of State Galusha went to wy
more today 10 attend the funeral OF DIR.
/ r. w. Latin, who died there Monday
night. Mr.. LaGin was at one time a MEM
| Der OF the finance committee of the An
cient Order Of United Workmen lodge, of
which committee MIR. Gausha IS now a
member All of the grand lodge officers
| attended the funeral
Deputy Superintendent Bishop has closed
the entries for the wheat and potato con-
test. He has not secured as many COM
| petitors as he would like, but the furnish
ing of seed was too much for his depart
ment, so he had to refuse any more appli-
cants for entrance.
| Land Commissioner Eaton has gone TO
! Ord, where today he will lease school
lands in Valley county He will visit
Sherman county before returning to Lin
| coin.
The jamestown exposition commissioners
have been called TO meet in Lincoln May
/ to organize and discuss plans of pro-
cedure. At this meeting a chairman and
| officers OF the commission will be selected
and trip will be planned to jamestown.
The commission pays its own expenses.
Building permits issued in Lincoln dur
ing the last two weeks aggregate more
than Sl75OOO and it is expected that the
| April permits will amount to about $3.50, 600
Based on population Of 5000 the death
rate in Lincoln last year was 74 per 1 900
This is less than 1904, the death rate for
that year being S54
Varsity Alumni TO Celebrate.
Alumni OF the State university have ar