Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-09-22

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| date will suit him better than an imme-
| date one.
Ready for Railroad Tax Case.
Attorney General Brown has completed
| his brief in the Burlington railroad tax
case and the copy is now in the hands
| of the printers. The brief will be filed in
the United States supreme court October
Q, at which time Mr.. Brown will make his
argument for an affirmation of the de-
cision of the federal court at Omaha
Porter Wants His Child.
| Wallace Porter of Omaha Is seeking
through the supreme court to gain pos
session Of his 4-year-old son, who by
decree of the Hall county district court
is now held by Mr.. and Mrs. w. II. ThoInp-
son. grandparents of the child over the
| objections OF Mrs. Thompson, so the hrief
filed in the supreme court this morning
| said Wallace Porter married Edith Thomp-
| son. BY the assistance of Mr.. Thompson
and his own father he built home and
started in the grocery busipess. Not max
ing a success in business he sold out and
removed to Cedar Rapids, Ia, and became
| q travelling salesman for the Cudahy Pack
ing company. 1t was shortly after this
that Mrs Porter died. leaving a child Z
| months old. 1t was her wish, the brief
j SAID, IDaL Porter live with mT. anu mTS
Thompson and he did for a time, having
the child with him. During this time. the
brief said. Porter paid for every meal he
ate at the Thompson home and employed
a girl to look after the child and paid
her board. Finally he removed to Omaha,
| where he fitted up home near Hanscom
park, and brought his parents there to live
| with him. When he brought the child to
his own home, Mr.. Thompson through ha-
beas corpus secured possession OF the
child. and took him back to his own home
IN Grand Island. The brief holds the court
of Hall county hadeno Jurisdiction over
the child in Douglas county and seeks to
have the decision reversed 1t is asserted
Mrs. Porter on her death bed asked that
her parents take care Of the child and Por-
ter signed an agreement giving them Gus
tody of him.
Treasurer Cronin Appeals.
Daniel Cronin has appealed from the de-
cision Of the Holt county district court In
the case wherein he, as county treasurer.
was held responsible for the loss of the
county funds deposited in the Eikhorn
Valley bank, which failed some time ago.
The bank was a depository,
Bice Gets New Trial.
Robert Bice, sentenced to tho peniten-
tiary on a charge of assault with intent
to do great bodily injury, today secured
reversal of the decision of the lower
court. Under the evidence the supreme
court held Bice was guilty of common
assault and battery. Bice, while drunk,
picked a fight with James Adkins, who
threw him to the ground and then choked
him. Bice then drew a revolver and at
tempted to shoot, but the weapon was
taken away from him and he did no
4 nh
relied before and have been on good terms
since.
Damage Case Reversed.
In the appeal OF the Burlington Rail-
road company against Richard Cleve, the
company obtained judgment of reversal.
The case is remanded to the district court
of otoe county, Cleve obtained damages
in the lower court for the loss of two
steers in a shipment of cattle from Ne
| braska City to Chicago. 1t was charged
that the cattle died from overhead on &C
count of delay in the shipment. The COM
panys answer was in the nature of a
general denial and plea of the statute OF
limitations. The supreme court held: I'm
an action to recover damages from a car
rler for injuries sustained by live stock
In transit which are accompanied by the
owner or his agent. the burden is on the
was occasioned by the carriers neg
ligence. In order to recover damages for
an alleged delay in the shipment of live
stock IT Is necessary to introduce some
competent evidence tending to show the
length of time ordinarily required to trans
port the shipment from a place where
received to the point of delivery. and
that longer time was actually consumed
than was necessary for that purpose. Evil
denoe examined and held insufficient "a
sustain the judgment of the trial court"
Kern Called to Explain.
Superintendent Kern OF the Hastings asy.
lum Is to be called to Lincoln shortly &c
meet with the State Board OF Public Lands
and Buildings to straighten out the con,
tract let 10 Earl Wesoott for the construc,
ton OF elevators at the institution MIR
% Galusha said he notified DIR. Kern to lei
the contract TO Westeott because westcott
had the lowest bid. while Chairman Eaton
OF the board said no member OF the board
had been authorized TO tell Kern TO let IL
When Governor Mickey returns from Nor,
folk and sets a time DIR. Kern will be called
IN to tell what he knows about the matter
University Gets the Cash.
State Auditor Searle will have TO pay tn,
State university the 5000 which lies in the
treasury for the use OF the experiment sta,
tion. The supreme court today allowed tn,
writ OF mandamus which viii compel tn,
auditor to draw the warrant for the money