Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-11

county and il has been remanded for new
trial. Loso was injured in an accident on
county bridge near Agnew and brought an
action for damages The supreme court
says one who IL injured by reason Of de-
fective bridge while riding in a private We
hicle may recover from the county. other
wise liable Notwithstanding the negligence
OF the driver, which msy have contributed
20 produce the injury. the injured party be-
ing free from negligence and having no su-
thority or control OF the driver. An in
struction Of the lower court stating that
negligence was imputed to all people in the
vehicle Is declared erroneous. The court
, says that as a general rule there can be no
! such thing as imputed negligence except
( where the privity which exists In law be
{ tween master and servant and principal and
agent Is found
Cordssn Must serve TtRae.
| Fred Cordson OF Thurstou county will be
/ compelled to serve term Of seven years in
the penitentiary as a penalty for incest.
This was the sentence OF the district court
and the case was carried up, the contention
being that the information did not state
facts suficient to charge him with the COM
mission Of any crime.
Decision ON Inaisn Lands.
The widow Of an allottee Of Omaha. In
dian lands ia entitled to life estate in the
! equitable fee Of her deceased husband with
remainder over to the issue Of the marriage
or to the surviving father or mother Of the
husband Is no issue survive her. This is
the opinion Of the court II the case Of Will
liam Reese against Wstaewe Harlan Sol
ONION woodruff against Aggie Woodruff
and Mrs. Joseph Harlan against Alice Ere
mont These three cases come from Thurs
81. - ~ Ttqff gV
Of an allottee to a life estate IN the unex-
pred equitable title OF the allottee Of In
dian lands after the death q her husband
as against the father or mother of the de-
ceased The appellant claims that the un-
expired term Of twenty-five years during
which the United states holds the legal
title in trust is a ehsttel real. which de-
sends TO the next Of kin, and that our
statute giving the widow life estate in the
absence of issue is not applicable. The
court holds against the contention of appel
liant and the decree OF the district court is
affirmed.
Contract Net transferable.
The supreme court holds that ? contract
for legal services is personal in its nature
and cannot be assigned by one party with
, out the consent OF the other. The decision
of the Douglas county court in the case
l OF VIII n. COfaOu against aolS A4oNFAS -
! afirmed. Corson instituted suit against the
Omaha street railway company for Mary
, Lewis and secured a contract with her
husband for payment for his services. BE
fore the case was settled Corson became
mentally deraAged and George w. Cooper
went into the case IN his place. Mrs
Lewis employed another attorney. T. J.
Mahoney who settled the case with the
! company for H,2Oo
! When Corson returned to his practice he
! fled a motion to have the Judgment OF
I dismissci set aside, alleging it to have been
. entered into collusively and in fraud of his
rights to an attorneys lien on the money
received from the compromise. The motion
was overruled in the lower court and the
E decision is affirmed in the supreme court.
The court holds that death or disability
: " ieh renders the performance Of such 2
. contract as between Lewis and Corson i'm
E possible annuls the contract
Republican Committee Meeting
Chairman Rose has called a meeting OF
: the republican state executive committee
: for November Is at the committee head
E quarters at the Iindell hotel, In the after.
noon OF that day he asks the committee on
a rules to meet and formulate a report
: Secretary Perkins left for his home In
St. Paul today, but win return for the
meeting next Friday.
Prairie Chickens Seized.
4 The deputy game warden at Omaha has
] informed Chief Game Warden Carter Of
the seizure OF 1i2 prairie chickens at d
:, cold storage house in Omaha. The bird.
= were being held for sale to the hotel and
restaurant keepers of the river city con
trary to law. The shipment OF the bird.
was made to Omaha on election day, wher
a 1t was supposed the authorities would mo-
I be watching No arrests have been mad,
: IN connection with the seizure of the game
c but they will take place soon it Is said.
i Platte Bridge Litigation.
: Judge Sedgwick has granted an alternR
e tive writ OF mandamus against the count,
: commissioners OF Sarpy and Cass counties
1 ordering them to repair the bridge across
e the Platte river at Louisville or appear
a before the court January to show cause
The Platte river is the boundary betveeI
:. the two counties, and the bridge 1T LOUIS
Vile was partially destroyed March 10
= 1906. Up to October 10 it had not been re
I. paired, although many residents OF boil
: counties have repeatedly petitioned for III
= repair. The Cass county board has ex
= pressed a willingness TO repair 1t and ha
= passed a resolution TO that effect, but tn,
Sarpy county board has refused to con
r slider IT, Cass county has $500 in ID
q treasury and $4,000 available under thi
,e years levy while Sarpy county has $3.50
N In cash and $1,000 under the levy availa
q BILE for the purpose of putting the bridg
II in passsble shape, 1t is estimated tina
u 5000 viii be needed 10 make the repairs
v Pawnee BaHd ReuRioa.
= Old members Of the PaWnee miiitar,
: band, who have been regular players a
- any time during the last twenty-eigh
:, years Of the existence OF the organization
. will hold a reunion Wednesday, Novembe
IL, at Pawnee City. The committee Il
= charge Of the program has arranged 70
= a big banquet and the occasion will b
dubbed home coming" Those VIII
\, have played with this famous musics
organization and who are members now
number over eighty. During the pas
- twenty-eight years there has been eleve
deaths, and relatives of these have bee
ID invited 70 the reunion n. c. LINDSAY
= clerk OF the supreme court and Fran
sr Harrison are old-time members OF IN
y, band and win take part Ia the celebra
M ton.
~ Catherine strike Stntistica
Charles w Ellis, representing the 90,
IN eminent Department OF Labor, IL in NJ
ID braska looking up statistics on strike
n. and lock-outs Mr. Ellis called Al IN