Omaha daily bee., 1908-10-18

count OF death from other causes. Held,
that the order Is not estopped from plead
Ing its exemption from liability for the
death OF the insured, due 70 his engaging
In a prohibited occupation by accepting his
dues and assessments with knowledge that
he was 50 engaged.
2 on cross-eXaminaton OF the defend
ants head clerk the plaintiff asked him
to produce and have attached to his depo-
sition a copy Of the bylaws " the order
IN force in 1898. a copy Of the bylaws ot
that date was produced by the witness and
attached to his deposition as an exhibit,
Held, that the plaintiff could not object
TO the bylaws on the ground that no show
ing had been made of their legal adoption
by the order.
152S. Blair against Kingman Implement
Company. Appeal from Douglas. Affirmed.
l. Where an employer admits that an
employe named i'm "a written contract was
employed i'm the capacity of general man
ager, he cannot complain of a judgment
reforming such written contract SO as TO
express the character OF such employment
on the ground that it was not intended to
designate the capacity in the written con-
tract. such action, II erroneous, was
error without prejudice.
manager OF several allied corporations,
makes u contract employing n general
manager for one Of such corporations, but
the written contract OF employment Is
made in the name OF another one OF such
corporations, the undisputed fact that said
general manage rendered his services to
ana was PAID DN the former VIII support
a finding of the district court reaffirming
such writing 80 as to make 1t the contract
Of the former.
8. Where a person who is the president
and manager OF several allied corporations
makes a contract employing a general
manager for one OF such corporations. but
the written contract OF employment u
made In the name of another one OF such
corporations, and the general manager
brings a suit for wages against both cor.
porations, a stipulation In such suit That
such writing Is the contract of the cor
p~oration for which the services were rem
dered upon which stipulation the general
manager dismisses the suit against the
other corporation, estops. the corporation
for which the services were rendered from
afterward denying the same as against the
said general manager.
L. Where the fact is disclosed inconsistent
with the truth of the testimony OF "A Wit
ness, and there is nothing improbable nor
unreasonable in his story, the question OF
his v~eracity is peculiarly one for the triai
court, and It's finding thereon Is entitled
to favorable consideration.
5. Where 1t is clearly established that in
the negotiation Of a contract between the
plaintiff and the defendants president, a
clause OF such proposed contract being I'M
der consideration, the said president as
sured the plaintiff that he understood II
to nave a specified meaning favorable to
the plaintiffs claim, such contract Will be
reformed to express the meaning so given
/ Il.
1854. State against Drayton. Error, Ante
| lope. Exceptions of state sustained. Reese, j.
| i. The act OF the legislature enlllleo All
act to prohibit unfair commercial discrim-
nation between different sections, COM
munities or localities. or unfair comSeti-
ton, and providing penalties therefor, ap-
proved April 3, 1907. Session Laws 1907, 400.
Held not to be in violation of the constitu-
ton.
and corporations dealing In commodities IN
general use from selling them at such
prices as such person or corporation may
see proper to demand, nor Is II class legis-
lation within the constitutional prohibition.
8. The prevention of discrimination in
particular localities, in prices OF commodi-
s%troying the business of a competitor by
selling such commodities at a lower rate
in such locality than Is charged for the
same elsewhere, is within the police power
4. Within constitutional limits, the lcgls-
lature is the sole judge as to what laws
should be enacted for the protection and
welfare Of the people and as to when and
how the. police power of the state is to be
1915 and 1915. State ex rel. Thompson
against Noble and state eX rel. thompson
Writ denied in 1915. Writ allowed in
1916. Reese. J..
Of e tbe state Si p proviSess; oi o SrS Bowers o.
the government of this state are divided
into three distinct departments. the legis-
son or collection of persons being one OF
these departments shall exercise any
power properly belonging to either of the
others. except as hereinafter expressly di-
rected or permitted"
The charter of cities of the metropolitan
class provides that the mayor shall he
the chief executive officer OF the city;
shall have power, by and with the con-
sent of the city council. to appoint all
officers deemed necessary for the good
government of the city. unless otherwise
provided in the charter; that he shall
Ihave the experimenting Of all Officers and
affairs of the city except when otherwise
provided.
The charter also provides for a board
OF five park commissioners, whose duties
are wholly executive and administrative
and who are responsible alone to the city
and whose reports and recommendation
are made to the mayor and council eN-
clusively. They perform no judicial func-
tions or duties; have no connection with
and are in no sense responsible to the dis
trict court or any of the judges thereof.
Held. that that part Of section So OF the
charter which provides for their appoint
ment by the Judges OF the district court
Of the judicial district I'm which such
cities shall be situated is unconstitutional
and void and that the appointing power
Is with the mayor and council.