Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-06

Tending the right Of the orphan asylum I'M
der the Creighton will. The claim Of the
attorneys was dismissed in the district
court and appeal was taken to the supreme
court In overruling its former opinion,
the court says: 1.-THE estate of deceased
is not ordinarily liable to an attorney for
services rendered by him for and at the
request Of a legatee under decedent's will
in a contest thereof Atkinson against
Mays estate. 50 Neb, 49,"
In the case OF Edith Bnglehart. who was
expelled by the school board of district
No. 9, Merrick county, for gross misde-
meanors and persistent disobedience," the
supreme court has reversed the suit for
another trial. holding that school boards
are authorized to expel a pupil without
notice to the pupil or his parents and with
out any trial, and that the board may
adopt any mode Of procedure in obtaining
evidence which to 1t seems best, but In an
action brought against its members to pro-
cure reinstat ement OF the pupil his con-
duct can only be shown by witnesses cog
infant Of the facts.
The case OF Patrick ]. Fitzgerald Of
Chase county. who was found guilty Of a
criminal offense against young woman
IA reversed and remanded. The court holds
that the testimony OF the prosecuting wit
ness alone will not support conviction.
Her testimony must be corroborated by
other evidence.
Historical Society Meeting.
The annual meeting OF the Nebraska
State Historical society will be held In
Library Hall, Art room, LAncoln, January
l6 and II. 1907, p. M
Following IL the program;
JANUARY t.
Opening Remarks by the PTesident''''''
Across the Plains 1s6O-65. .................
H. e. Palmer. Omaha
Recollections OF the First Nebraska
Vay r I'll, j, Majors. Peru
-"' c. E. Paine. lincoln.
JANUARY H.
Mound Explorations near omaha........
Robert F. Glider, Omaha
Edwin H. Barbour, Lincoln
Indian Costumes and Customs: The ID.
Charles Bristol Collection. :.........
e e. Blackman, Lincoln,
Business Meeting and Election OF lfncers.
The old Pioneers Association will meet
Thursday at 2 p. m, In University Han,
iO6 The Nebraska Academy OF Sciences
Joins in these meetings. Its programs VIII
be held Thursday and Friday evenings.
Gas Company Can Build Tank.
The ordinance passed by the city coun-
ell OF Omaha providing the Omaha Gas
company cannot construct a gas tank with
out the written consent OF the property
owners within a radius OF 1000 feet Of said
tank is void and the supreme court recon-
mends that the writ OF mandamus asked
for by the gas company to compel Build
ing Inspector Withheld to issue building
permit be granted. The case Is remanded
for further proceedings in line with the
decision OF the supreme court. The de-
cision was written by Commissioners Ames
The city Of Omaha must pay to Thomas
L. Wright damages alleged 10 have been
incurred as a result Of injuries sustained
by his wife on a defective sidewalk. The
district court found for the city and the
supreme court reversed the decision and
remands the case for retriaL
The supreme court has reversed and re-
manded the case Of John cerny and Others,
appeliees. against the Paxton a Gallagher
company, appellant. Gerry and his asso-
clates were engaged In business In the VII