Omaha daily bee., 1906-10-26
JUDGES UNABLE To- AGREE
All Of Same Mind as 10 Law, but Differ a,
to It's Application.
ABANDONED RAILROAD sEOs ONE POINT
Gale - AuOther subject which
Befoss the judicial Nind-wRr-
rant for district JudEe
HELD u.


tFrom a Stan Correspondent
DIES MONIES, oct 25--(special. )-rncre I
were three dissenting opinions in tie rs /
OF decisions handed down by the supreme /.
court today, IN each case points Of law I
J being not SO much at issue as the a2Dll. /
cation of them. The court decided that !
I the abandoned railroad bed between Abba !
and Moulton could not revert to the par
/ ties owning the land through which h
runs, the opinion being written by Decmer
| and McClain and Weaver dissenting. The |
court has been bothered by the problem
| OF abandoned roadbeds for years and the
court has always been divided upon the
! question. The case before the court today
was that OF John Spencer, appellant.
against the Wabash railroad the appeal
being from the Monroe district court. In
May. 1865. Eleanor II. Moore decided a right
Eof-way to the Central railroad with the
express condition that IL said premises
are not used for said railroad purpose a
is to revert and rest an said Eleanor II,
! Moore" The Central decided IL 20 the Iowa
Central, and, being unused, was condemned
by the Moulton & Abba, which sold to
the Burlington, which finally tore w
the tracks and then sold the right-of-way
90 the Wabash. which reconstructed the
tracks. But from 1858 TO 1899 # was un-
used and abandoned. Judge Deemer. who
wrote the opinion Of the court holds that
since the land through which the rght-of-
way runs has changed hands number OF
times and in every deed had the excep-
ton OF the right-of-way, if there is any
reversion It would be to Eleanor II. Moore
and not to the present owners OF the land
through which it runs. Judge Weaver dis
sents from this conclusion and holds that
the abandoned bed should revert to the
af fba tl,f
contemplated by the statutes. Chief Jus-
} tice McClain holds the same opinion
In public sale in Omaha in March,
/ 1905. J. w. White OF Shelby county, Ia,
} bought a fine Aberdeen-Angus COW and
calf for $500 from W. J. Miller The COW
was known as "Cioverland Jet" and was
warranted breeder. The COW and calf
were sold one animal and when the
COW failed to breed White dema nded his
! money back. He had, however, already
: sold the calf to other parties and Mlllet
refused to take the cow unless The calf
, was also returned as they were sold as
= one animal. Deemer who wrote the opin-
! ion Of the court, held with Miller that
the calf should also be returned 20 OBJ
serve the contract. Mccain disseuts and
i4add copcurs IN the dissent that the calf
r was an immaterial consideration. all agree
ing on the principles of law. but disagree
! ing as to their application
T Eight Hundred Examined.
J. Reports from thirty-four counties to the
( state superintendent Indicate that there are
= go teachers taking the examination this
o week in these thirty-four counties or an
: average Of eight TO the county For the
a ninety-nine counties Of the state n the
e average is kept up. there will be q little
less than 800 examined. About thirty read
| ar= will he 10, A.
!. and grade them and these will be selected
J at once this week.
n Judge Not Arrested.
e Judge James A. Howe OF the district
2 court has not been arrested on the infor1na-
a ton sworn TO before Justice OF the Peace
y Zell o. Roe by D. 7. BlodRett, who claims
- that Judge Howe's Instructions TO the
grand jury demanding an investigation OF
L the charge that Blodgett's paper. The
Secretary, was lbelous amounted TO op.
e preston. The justice, before allowing the
warrant to go out Of the ONCE took the
p matter under advisenent. and is still de-
p batting II. Judge Howe made a statement
le today that the act Of Blodgett is politics
X Of the dirtiest variety and charged Judg.
ID spurrier. Blodgctt's attorney with being
implicated with Blodgett in trying to die.
tate who will be the next Polk county
district judge.
'e Ciarinda May Get Rate.
II Is not improbable that Clarinda may
get its assembling rate on poultry from
= the Iowa railroad commission. II Is known
y that Commissioner Ketchum has beer
y giving the subject some study and look:
70 with a great deal of favor on the idea II
= is furthermore asserted that the opinion
= Of the attorney general given some timt
lu ago IN the matter OF coal was on a differen
IL ~.
"a commission TO fix a zone rate on coal 81
IL that the Iowa coal field could ship coal t,
Omaha at as low rate or lower than IN,
Illinois coal is shipped to Omaha by inter
state freight rates There is some conhic
- Of opinion Of legal minds with the Opinion
- Of the attorney general on whether or no
!, the zone rate would be Illegal The as
- sembling rate is another matter, however
: and involves questions similar to the join
rate question, the desire Of the poultry me-
- being to have assembling rate on poultr
a., to Clarinda with q, view TO reshipping fror
there
en- Dea MOines Gsta Another Line.
IS Des Moinss business men expect to secur
V another line TO Chicago IN the building o
nd the Chicago, Joliet g. Kansas City railway
les as told in the Railway Age The line is {
ng be built first from Chicago 10 Kelthsburs
~ Ill. and Des Moines railroad men believ
100 that the parties back OF 1t are the sam
he as built the line from Oskaloosa 10 Keiths
ne burg and really represent the Iowa Centrt
Dr. interests. which have for years been want
to ing line to Chicago. Kansas City ult
eli mately is TO be the southwestern terminu
or Of the line.
~ wants Reports OF Wrecks.
State Railroad Commissioner N. e. Ike
chum has decided to ask all the railroad
, to make to the Iowa commission duplicat,
= OF the reports that they make TO the Inte
~ state Commerce commission Of the wreck
-, on their lines. When the code was r,
..i vised in 1897 by mistake or deceit on II
~ part OF some one the section requiring
III report 20 the Iowa commission Of all wreel
- was left out. Since then the commisslo
~ has been without such reports.
,ur Mothers Congress- Closes.
srn At the closing session Of the Iowa mott
uu ers congress here today Mrs. Walter BROW
he of this city was elected president. III