Omaha daily bee., 1907-04-05
CLARKE IN COWELTS PLACE
DsuRlas County Legislator Named as
Member Of Railway Commission.
RESIGNS As MEMBER OF LEGISLATURE
Speaker NettIeton and Members
Dodge and Lee Deliver Speeches
EuloEistic OF HTS work
During Session.
frrom a star corrssponasntl

Nettleton as a member of the Legislature
tonight and Governor Sheldon has APP
pointed him a member Of the State Rail-
way commission TO serve until the next
general election to I'LL the vacancy caused
by the resignation Of Robert Coweli. Be
fore the resignation had been accepted
Representatives Dodge and Lee and
Speaker Nettleton made speeches eulogisfic
of Mr.. Clarke who replied feelinE,s,
promising to faithfully discharge his new
duties
The appointment Of Mr. Clarke 20 take
the place made vacant on the commission
by the resignation OF Robert Cowell was
decided upon by Governor Sheldon some
days ago. but inasmuch as there was yet
considerable work TO be done In the house,
the governor was adverse to having the
Douglas county member resign until this
important work had been completed. DR..
winnett and Judge Williams, the other
members, have not organized the commits
sion as yet, preferring to walt until Mr..
Clarke had been appointed so that the
three Of them could select a secretary and
assistants which all could agree upon. The
commissioners will meet as soon as the
governor signs Mr.. Clarke's commission,
and organize. At this time there are
seventy-hve or 100 applicants for secretary,
and equally as many for the other places
The secretary is to be paid a salary to be
| fixed by the commission, the legsla ture
having appropriated a lump sum for the
purpose.
The fact that Governor Sheldon did not
appoint Mr.. Clarke a week or two ago, is
taken as a compliment to the gentleman
! from Douglas, for the governor has been
particularly anxious that all platform
pledges be kept and he realized that in
/ IL h.. N.A III ataars for
this purpose.
Talk About Organization.
| The Railway commission met tonight and
informally discussed organization and the
employment Of secretary and other as
sistants. Nothing definite was done and
the meeting was purely informal.
The attempt of a self-appointed commit
] tee of Lincoln charity workers to use the
state legal department for investigating
the accounts Of the Tabitha Home when
under the management of Rev. Henry
Heimer has failed, the supreme court hav-
ing held today that It had no jurisdiction
to order such investigation.
The petition for an investigation was filed
by Attorney General Brown, who was ham
mered half to death by these charity work
ers, and though Governor Mickey ordered
him to withdraw the suits, Mr. Brown tooh
the bit in his teeth and rushed It through
| to the final result announced today. Several
Of those who were back Of this movement
are now defendants in various libel suits
started by Rev. and Mrs. Heiner.
Governors Mother HI.
Governor Sheldon was called to Nehawl1a
tonight to see his mother, who is i'll. Mrs
Sheldon is said to be suffering from a deeT
cold bordering on pneumonia, and one OF
her lungs is badly congested- Unless his
mothers condition is grave, owing to hei
advanced age. Governor Sheldon will, re.
turn to Lancoln In the morning.
Relief Fund Criticised.
q Some of the provisions OF the Burlington
relief fund are treated severely in a de
cision handed down by the supreme cour
in the case of Elizabeth Healey agains
the Burlington for the recovery of the re
lief due because Of the death of her hus
band.
Mrs. Healey had $500 coming from tn,
relief department OF which her husband
was a member, but was advised by friend
that she was justly entitled to more 70
the benefit OF herself and her small chill
dren. The road requires a contract whicl
bars a person who has paid into the relic
fund from instituting a suit for damage
IN case he has accepted the relief benefit
Mrs. Healey therefore, elected to brini
suit against the company. In the plac
of the paltry $500 which the relief fun
would have given her she was awarde'
$500 by the jury, but this verdict was Sc
aside by former decision Of the suprem
court because Mr.. Healey's death was du
to partial negligence on his part.
With regard to that case the court hold
that though she might have been barre
from beginning an action for the recover
OF damages for herself by accepting tn
relief. she might still have had the RICH
to bring suit as Administrative OF the estat
In behalf Of her children.
Afterward Mrs. Healey brought suit 70
the recovery Of the 500 due from the relic
department and the road urged that sh
had no right to do so under the contrac
made by Healey. which says:
IL any suit shall be brought against sal
company for damages arising from q
growing out of injuries or death occurin
to me, the benefits otherwise payable an
. | all obligations Of said relief department
5 and of said company shall thereupon b
, forfeited.
In commenting upon this clause Of tn
contract Chief Justice sedgwick says:
She has a constitutional right that tn
y courts shall be open to her to redress IN
| grievance OF negligeptly killing her hus
| band and to Htigate her claims predicate
upon such negligence. but IL she exercise
that right she must, under this contrac
suffer a forfeiture for so doing. II tn
company required its employees to depOs
money with the company upon contraS
that II such employee should afterward I
injured in the service Of the company an
should bring an action for damages III
money 30 deposited should be forfeite,
= would such a contract be enforced7 Ca
n a party contract beforehand under penalt
= and forfeiture that he Will not litigate
4 claim that may thereafter arise7 The polio
z OF our law Is TO furnish every citizen wit
= speedy redress for any injury that he ma
receive In person OF property, and a cor
, tract which essentially imposes a penait
/ upon seeking such redress is contrary
n that policy.
v The long drawn out controversy betwee
!, Peter e. Her and Rome Miller over II
= possession OF the Her Grand hotel is nea
ing a close. Mr.. Miller must vacate with
forty days, unless he files a motion for
rehearing. The judgment OF the distri'
court was sustained in the case, which va
In favor OF Her.
The case was begun in a justice cour
carried to the district court. and mail
TO the supreme court on error. The has
OF the appeal was made the answer OF
witness who testified that Miller had bee
In possession Of the property since Il
lease was given him. 1t was objected thu
the witness was stating a conclusion. an
not fact