Omaha daily bee., 1908-10-23
HOLD HUSBAND IS RELATIVE
State Can, Therefore, Recover Unde'
Law for Expense of Insane Wife.
NEW SUPREME JUSTICE REVERSED
Anti-snIOon League striving for q
R~eferendum Vote In Des MOineS
ON the Question of Permit-
ting saloons.
lFrom a staff Correspondentl

CFrom a staff Correspondent
DIES MONIES. la, Oct. 22.-tspecial)-
The lows supreme court today decided
definitely that q husband is a relative"
OF his wife, The case was one involving
the responsibility Of a husband to the state
for the expense OF keeping an insane wife
at a state hospital IT was the case of
.Wapello county against Fred Eikelberg.
Resistance had been made to"the effort of
the state TO collect from the husband for
the keep OF the insane wife and one princl-
pal ground relied upon was that the law
provides for charging up this cost to the
relatives and that a husband Is not a
relative. but tho word indicates blood re-
lation The court refused to entertain this
view OF the case and hereafter the state
win find IL easier to get back the cost Of
keeping insane persons at hospitals.
The court reversed a case appealed from
Judge Evans, who has just come upon the
bench, the case being a damage case
against the city of Osaeola for closing a
street. The supreme court takes the view
that the right Of access to a street or
highway Is one of those rights which can
not be taken away without compensation
and the amount Of compensation is the
only question which the courts can con-
slider.
The court decided the following cases to-
day:
J. II. Cremer, appellant, VS.. wapello
county; Wapello county; affirmed.
Douglas, appellant; Lee county affirmed
Wapello county vs. Fred Eikclbcrg, APP
p%elnant; Keokuk county affirmed.
jennie Medley VS.. Town OF Mapleton. ap.
pellant; Monona county; affirmed.
r. 5. Ridgeway, appellant, VS.. City OF
.osceola; Clarke county; reversed.
Carten & Jeffrey VS.. William Tacka-
berry, appellant; Woodbury. county; ar,
firmed.
Negligence at Railway Crossings,
The supreme court insists that no hard
and fast rule shall be laid down as to the
duty Of a person in keeping watch to
avoid accidents at railroad crossings. The
court refused to aid a sigourney mail car
rier who deliberately drove upon the track
ahead of a train. after making sure nc
train was in sight when he was four rods
away. then not looking again,
SaIOOn PrObIem Worries.
II Is anticipated that there will be an
interesting time before the new Des
Moines city commission next week when
Superintendent Barber Of the State Anti.
Saloon league asks that the first steps
be taken looking to a submission to the
voters of Des Moines of a resolution OF
order having for it's purpose the closing OF
all Des Moines saloons. Mr.. Barber will
go before the council next Tuesday, so he
says, and try to get action. The lawyers
OF the city differ as to whether this action
can be taken and as to whether under the
Initiative of the new commission plan a
policy can be fastened upon the city. II
g. not ,,,gt, ,artoIp vat thof the pafpIatarIal
association will take up the plan and adopt
It as their own, but the sentiment among
the ministers is largely favorable to some
action. They believe that with the recent
agitation the situation is more favorabl,
TO closing the saloons than for a long time
but they arc not certain as to the ad
visibility Of putting the new city govern
ment in an embarrassing position by asking
. vote on the question.
Portrait Of General weaver.
A portrait Of General James b. weave'
IS to be offered the state historical de
partmeut. to be placed IN the gallery o
notables. Colonel Young Of the Seven
tenth Iowa had a consultation yesterda!
with Curator Harlan on the subject, ant
II is probable the portrait will be hung II
the gallery,
More Money for the College.
The report OF the trustees of the Stat
college at Ames just made asks for ap
propriatIons from the next legislator
amounting TO about $4,000. Half Of thi
is needed for the proposed gymnasium. an
the remainder for a new dormatory 70
the women. It is proposed also that III
trustees expend $4,000 IN building a ne'
veterinary hospital, the same TO be pal
for out Of the milage taxes coming in. |
IS expected that large sums will be aske
from the legislature for the State universit
at Iowa City, and the Normal school a
Cedar Falls. The state administration ha
been harshly criticised for the expenditure
already made at all these places, but ur
doubtedly much larger sums will be aske
In the future.
The democrats In the Madison-Adair ser
atorial district failed to put up a senator's
candidate, but now want recognition. Thre
persons were voted for, each one r~eceivin
one vote each. The county committees ms
and declared George NJ. Pratt OF Winters
TO be the nominee. The secretary OF stat
refused to recognise the claim, as no col
vention was held. Nov the democrats haN
gone into court to compel recognition
Pratt as the senatorial nominee.