Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-13
DAMAGE CASES AFFIRMED
Nan Who Says he Paid Fare to Brakeman
and Was Put OF Gets Judgment
SUPREME COURT AOIOURNs FOR TERM
Opticians and Jewellers COmbinInE 20
Fix Uniform Prices 90 ne Charged
for Their wOrk-Portion Of
Crops Need Rain.


From a stan Corespondent)
DDS MONIES. June l2--Cspeclai THE
supreme court today decided that sherman
Belts Of Wayne county should have s25CO
damages for being put of a Rock Island
train In Wayne county some years ago
He was riding on an excursion and the en-
tire case turned on whether or not he had
paid his fare. Belts testified that he paid
the brakeman and the conductor and an
other brakeman testified that he had not
paid them, but the brakeman whom he
did pay was not a witness. on the failure
OF the railroad to produce the other brake
man as witness to contradict Belts the
judgment was for Belts and the supreme
court upholds this decision.
Judge Deemer and Judge I.add dissent
from the opinion Of the majority OF the
court In the case of personal injuries aris-
ing from a steam shovel having been left
at a position where it frightened horses
along the highway In Bremen county
Winston brothers did some contract work
for the Great Western I'm making a deep
cut where there was an overhead bridge.
A horse driven by Mrs. Anna Heinmller
was frightened and she was given judg-
ment for 5000 by the district court The
majority decision of the supreme court
eNtos was Aoi LOT al.ub OF the
reversal OF the case, leaving It with the
plaintiff to elect. The dissenting opinion
merely dissents from the rule OF practice
of allowing damages under the facts In
the case.
The supreme court today handed down
a large number of cases and adjourned
for the period. There will be a short ses-
sion Of the court in July. at which time
opinions will be handed down, but no cases
heard, and adjournment will then be taken
to the September term.
Governor VIII Investigate.
Governor Cummins will investigate the
condition Of the First Signal Company Of
the Iowa National Guard OF this city before
the orders of the adjutant general that IL be
mustered out be carried into effect The
law passed at the last session Of the legis-
lature reorganizing the National guard gave
the governor the option Of retaining or mus
tering out signal companies Under this
provision the adjutant general ordered the
company mustered out. The governor will
first investigate. The order to muster out
was based on the failure OF the company 20
Keep recruited up to the required number,
but that has since been remedied. There
is only one signal company in the state
and that the one located In this city.
General Miles Here.
Gen. Nelson A. Miles. L. s. A. retired,
is again at Fort Des Moines on a visit to
his son. He will remain in the city several
days.
Must Take school Census.
Under the new law providing for a uni
form school year the school census in every
county in Iowa must be taken at this time
q
OF the state has begun already. The cen
sus Is certified to the secretaries OF the
school boards and by them to the county
superintendents of schools.
Hunt for Omaha Girl.
Every policeman and detective in De,
Moines was today furnished a description Of
Miss Ethel Diggs Of Omaha at the reques
Of the chief of police OF Omaha, with tht
request that she be detained till her guar
dams reach the city. The description fur
nished the 100 detectives and police Off
GERS Is as follows: Ethel Diggs aged 4
years, tall and slender. light brown hair
blue eyes. good complexion. silk shirt waist
black and white checked hat, graceful ant
willowy." 's
Eleventh Gets Orders.
The Eleventh United States cavalry tods,
and maneuvers at Fort Riley.
Combine to Fix Prices.
The opticians and jewellers OF Iowa ar,
endeavoring to effect combination on tn,
fixing: of prices for optical work. Tn,
opticians are In session today and the Jew
elers are meeting with them. Later TIN
jewelers. association will meet alone an'
! is expected TO take similar action Fol
81
to each optician In the state minimum
| price list for all work and lenses.
Nurses want q Bill.
| At the opening session of the convention
| OF graduate nurses OF the state in tn
Chamberlain today it was decided to go be
/ fore every session of the general assembl,
| till law is secured providing for a stat
board of examiners for nurses, compose,
OF graduate nurses. Such a bill was vi
before the general assembly last white
and passed the senate, but was emascu
| lated in the house, and was then with
drawn by the friends OF the measure Tn
conventions holds that doctors are to-
busy TO give attention to acting on sue
a board and Furthermore have not the In
terest In the profession. The proposed Law
is likely to be the main topic Of the con
vention.
| }. 8. Polk IL Better.
]. s. Polk, president OF the Des Nome
City Railway company and one OF the pic
neer citizens OF the city. was brough
back from Spirit Lake today and is som
improved. Some weeks ago he received
bad fall while running to catch stree
car and has not since recovered. Since the
at the lakes he caught a heavy cold an
his conditions is considered serious.
Rain II Uneven.
Rainfall In Iowa the last week has bee
unevenly distributed and while there ma
been an excess OF moisture In the north
east and south central sections abou
three-fourths OF the state Is suffering 10
want OF rain. The winds have been hig