Omaha daily bee., 1908-10-17
HASKELL SUES HEARST HERE
Oklahoma Governor Files Action fol-
Six Hundred Thousand Dollars.
CATCH HEARST on PASSING TRAN
Deputy sheriff Breaks Into His state
room with Pnper-Suit Cam
not Go to the Federal
Court.

Suit for $3.50, 900 for alleged libel was filed
in the Douglas county district court late
Thursday night against William Randolph
Hearst, editor of a string of newspapers
and founder of the independence marty, by
Charles n. Haskell, governor of Oklahoma.
and until recently treasurer of w. j.
Bryan's national campaign committee. The
suit is based on a speech made by Mr..
Hearst at Memphis, TenE., September 10,
and published in Hearst's Chicago Elk
amirer September 20, in which Mr.. Hearst
charged Haskell with being a tool of the
Standard Oil company.
Service was had in the case after a sen-
sational assault on the door of the state
room which Mr.. Hearst was occupying
with his wife on the Overland limited
from the west at 11:S5 Thursday night.
When Deputy Sheriff Stewart, who had
the writ, knocked on the door and de-
m8nded admittance, Mrs. Hearst replied
that Mr.. Hearst was not in the state room.
Deputy Sheriff Stewart broke the door
open by springing the lock and Mrs.
Hearst, partially disrobed, rushed out of
the state room into the aisle of the car
screaming. Mr.. Hearst was not to be
seen. When Deputy Sheriff Stewart
started to force the door OF the toilet Mr..
Hearst emerged and accepted the paper
from the hands of the deputy sheriff. Mr.,
Hearst said he had first refused entrance
to the deputy sheriff because he ard Mrs.
Hearst were retiring.
No Similar Damages Less.
The petition was drawn up in Kans>s
City and it demands $4,000 alleged actual
damages to Mr.. Haskell's character and
$780, COO punitive damages. The latter item
~ g9OO On will haNa IN no stricken ont he
fore the case comes to trial, however, be-
cause under the Nebraska statutes punt
tive damages cannot be allowed. The
statute provides specifically that only ac-
tual damages can be recovered in a libel
suit.
Smyth & Smith and Schall appear rs
Mr.. HaskeIl's local attorneys, while James
A. Reed, Ralph f. Lozier and Virgil Conk-
ling also signed the petition es attorneys.
There has been considerable discussion
among attorneys relative to the federal
phase of the suit and whether 1t can be
made a federal case on account Of diverse
citizenship. There is q diversity of opinion
relative to the question Of Jurisdiction, but
this seems to nave been settled negatively
by the United States supreme court.
GOss Cites Supreme Court.
GIlLtu states DlsAllNA AAAol ANg Nihoc'
asked as to his opinion on this matter, said
The question of jurisdiction over d case
brought by a citizen of one state against
a citizen OF another state in a court of a
third state seems to be controlled by Ia
Parte Wisner, 9O3 U. S. 449, decided by the
supreme court Of the United States De-
cember 10, 1896.
in the above case Abram c. Wisner, a
citizen of Michigan. sued John d. Boards
ley, a citizen OF Louisiana, In the state
court OF Missouri at st. Louis. The de-
PENDANT filed his petition and bond for re-
moval to the circuit court of the United
States. In that court the plaintiff made a
motion TO remand the case to the state
court and the motion was denied. The
plaintiff thereupon brought an original
mandamus suit in the supreme court of the
United States to compel the federal judge
to remand the case to the state court Of
J Missouri and the supreme court Of tbs