Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-17
COURT ACNUITS BY ERROR
Township Trustees Not Allowed to Take
Contracts with Township,
SUPREME COURT HoNoss JUDGE NNNt
Five Tickets to he Placed on OHicIRI
Ballot, PopuIists Being Permitted
TO Make Amendment to
Their Petition.
LFrom a san Corre snondentl

(From Staff Correspondent
DIES MONIES, oct. 16.-CSpecialJ "A de-
cisiou of the supreme court today settles
the question that township trustees must
obey the law against being interested in
any contracts for labor or material OF
anything in which the township is inter-
csted, though A. p. York and William Lud-
dington, trustees of Colfax township, IN
Dallas county. will so unpublished. The
two trustees furnished men and teams to
the road superintendent with which to
work the roads of the township. There is
a statute which furbids them from being
interested In any such contracts, though
the statute fails to define such a crime
and fails to fix any penalty. The two
trustees were indicted by the Dallas county
grand jury and their attorneys demurred
to the indictment on the ground that as
the legislature failed to define the offense
and fix a penalty it was not indictabe and
was not crime against the state. In the
district court the decision was in favor of
the trustees and the state appealed in or
der to get "A ruling of the supreme court
on the points Of law The supreme court
today holds that since there is a general
statute which provides that all underlined
oifenscs for which no penalty has been
provided shall be considered misdemcanors
and punishable by not more than years
imprisonment or fine of $500 or both
that the offense is a msdemeanor and is
indictable. The two mon having been
cleared once cannot be tried again and the
effect of the decision of the court is only
to establish the principle of law that the
offense is indictable and punishable by not
to exceed year in the county Jail or a
fine Of $500 or both
Memorial to Judge kinnc.
At the opening of the second period OF
the September term of the supreme court
today after the reading of the docket the
court listened to the reading of resolu-
lions in memory of Judge L. G. Kline
late member of the supreme bench. and
at the time OF mis- death member of the
Board of Control. The resolutions were
introduced on behalf of the Polk County
Bar association by Attorney L. L. Clark
Of this city. In support of the resolutions
Mr.. Clark read a paper, in which he clab-
GRATED more fully on the important posi-
lions Judge Kline had filled in the state
Immediately following. Clark Barnum, an
attorney of Chicago, and formerly an at
torney of Newton, Ia. and life long
friend and acquaintance of Judge Kline,
arose and stated that the reading of the
resolutions was his first information of his
death. He spoke quite feelngly of him.
j. C. Hume his former partner, Judge
Deemer and Judge Bishop, who were on the
supreme bench with him. and Judge Robin
son, who on the supreme bench and
also on the Board of Controls. with him, all
spoke in eulogy.
Five Tickets ON the Ballot.
There will be five tickets on the ballot
at the November election. They will be
the republican, democratic, prohibition
populist and socialist, and a sixth column
for the Independents The populist ticket
which was at first excluded because the
names to the petition were all signed I'm
the same handwriting, was afterwards ad-
mitted to the ballot when this was cor
rected on the ground that 1t was merely
a change and correction, the date of filing
the first petition holding. The new petition
with sufficient names and signed by the
owners of the names reached the secre-
tary of state yesterday and the tickets
are being certified out to the county audit
ors today.
Creameries Must Keep Clean.
State Dairy and Food Commissioner H.
r. Wright is sending circulars to all the
creameries of the state to the effect that
the law as to pure cream and milk will be
rigidly enforced on both purchaser and
seller from this time on The law pro-
vides punishment for both offenders and
the purpose of the law is to prohibit
creameries manufacturing sour cream into
butter. Commissioner Wright has laid
down the following rules to govern the
cleanliness of the cream:
Hand separators must be cleaned imme-
diately after using.
Cream must be cooled before mixing
with cold cream.
Cream must be held at a low tempera-
ture in cold water both summer and
winter.
Cans in which cream is delivered must
be clean.
second day in summer and every third
day in winter, and when delivered must
be clean and wholesome, as required by
statute. go.
Admits Fighting Co-operatives.
Secretary George A. Wells of the Iowa
| Grain Dealers association admitted today
that his association is lighting certain CO.
| operative grain elevator companies, as was
brought out I'm the Investigation of Inter
state Commerce commission at Chicago
| yesterday. lie explained that the class
of co-operatives that they are fighting is
| the class that is organized to fight the
regular elevators. Mr.. Wells does not
/ believe the commission will come to Des
! Moines for any investigation further than
| that made some weeks ago. State Rail-
| road Commissioner n. S. Ketcheum, while
unwilling to discuss the matter fully to-
day, said there We're facts brought out
at the Chicago investigation that would
/ do a great deal of good to the business
! in this state. He asserted the situation
was as the witnesses represented It.
OmciaIs Are Oyerpaid.