Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-06

trustees at meeting of electors and the
vote was viva voce. They selected a treas
urer and then elected Jennie Cowgirl
teacher. Two months later a half dozen
citizens met and elected one Hottenstein
moderator and one Fugua treasurer. The
latter then brought an injunction suit to
stop Jennie Cowgirl from acting as teacher
and the other two directors from acting
in that capacity, alleging they had not been
elected by ballot as provided by law. The
injunction was dissolved by the district
court and the supreme court affirmed that
decision and held It would not try title to
office in an injunction proceeding. 1t held
the contract made with the teacher was
legal because the two defendants were de
facto officers, II not the legally elected di-
rectors.
City can ReIevy Taxes.
The dismissal of the injunction suit of
the g. d. Mercer company to prevent the
Omaha city council from relieving a spe-
cial assessment upon certain property of
the plaintiff in the sewer district is af-
firmed. The court holds that the Omaha
charter OF 1897 contains sufficient authority
for the relevy of special assessment
which was attempted ito be levied under a
former act, but failed because Of irresu-
larity in procedure.
Ruling On Assessment.
Inc supreme court mas nelu IL Htdhee no
difference what adjoining property has
been valued at for assessment purposes
when a party appealing from the decision
of the County Board of Equalization proves
his property has been assessed at figure
in excess of it's true value.
This is held in the case wherein Jennie
e. Brown of Lincoln appealed from the
assessment Of her property by the county
The assassin valued the nroOortV
at So, $50; this valuation was reduced by
the County board to S25 900 while the dis
trict court valued the property at $4,000
the sum the plaintiff claimed it was
worth, and which she proved was the cor
rect value OF the property.
The supreme court today granted a writ
of mandamus to the city Of Red Cloud to
compel the auditor to register a series Of
electric light bonds to the amount of $1,000
The county of Lancaster has again won
in the supreme court its suit for money
which was paid TO the sta te after the fall
ure of the Capital National bank. This
money had been collected by the county
and deposited in this bank. Some of the
money belonged to the state and the county
treasurer paid TO the state that amount
which IL lost in the bank. The county held
the treasurer had no right TO pay out this
money and suit was brought. To this suit
the state filed demurrer The court holds
the loss must fall upon the state and that
the county has the right to recover the
amount paid in.
narrowing Tale IN Court.
In the divorce court of Judge Frost Mrs.
YaIetta A. Gribbn told story today which
rivals the most soul stirring efforts of the
yelIow-back novelists. She told the tale
under oath and solemnly averred that It
was true in every detail. She was formerly
the wife OF ]. w. Hardcastle, a United
States customs officer in New York They
were married at Orange, n. j., and after
ward went to Capetown, South Africa In
the latter place her husband died. While
she was suffering from the delirium OF
fever she was married to Gribbin. She
charges him with being a thief and a
scoundrel and a companion of murderers
After indescribable sufferings. her husband
being sentenced to prison. she made her
way to America and finally came to Lin
coin. She wishes a divorce and the Gus
tody OF her son.
Minor Matters at Capital.
Fire this afternoon caught in the Curtis
& Bartlett factory at Sixth and X streets.
Prompt work by the fire department
stopped the flames and kept the loss be-
tween 5000 and 1900. How the fire orig
mated Is a mystery.
Chief Of Police Cooper this afternoon
received a telegram from Ravenna stating
that his brother-in-law, Abe Hill, was dead
Hin was a pioneer Nebraska settler and
served I'm General Thayers regiment dur
ing the, civil war.
Students Of the State university are in
favor of appointing an investigating COM
mittee to investigate grating among the
various societies. The agitators favor in
vestigation Of the finances OF all class af-
fairs. It is asserted that money has been
diverted from the proper funds and used
by students