Omaha daily bee., 1908-10-09
ALLEN c. FISHER DISDARRED
Supreme Court Says He Cannot Prac-
tice in State Courts for One Year.
ACQUITTED OF FORGERY CHARGE
Number of Decisions landed Down
Coverisg Points IN Liquor License
Law-Can Limit umbe
of saloons.
lF.rnm = sinff Correspondent)

LINCOLN, oct. s.-(special)-Allen G.
Fisher Of Chadron was today disbarred
from the courts Of Nebraska for the period
or ono year. beginning January J. 1913
THE order OF disbarment was issued by
the supreme court as a result Of pro-
cesdlngs Instituted by the attorney general
in response TO a resolution of the house
OF representatives OF the Legislature Of
1000 Each party is to pay its own costs.
The court in entering It's Judgment adopts
the findings OF a committee OF attorneys
appointed as referees. comprising Charles
II. Sloan Of Geneva, Walter j. Anderson
OF Lincoln sad II. p. Leavitt Of Omaha.
The court finds the evidence sufficient to
sustain the indings against Mr.. Fisher
the respondent. The syllabus is as fol-
lows:
Where an attorney in presenting a claim
against the state. to the legislature, know
ingly supports the same by false, Forged
and fraudulent appraisement as evidence
or its validity and OF the amount he Is
entitled to recover thereon he Is guilty
OF gross unprofessional conduct and 2
should receive suitable punishment there
for.
History of Case.
According TO the report Of the referees
the forgery complained Of was committed
by some one unknown, but the forged docu-
Iltnt WIS Al5t0. ny NIL HlbntI III buppOIN Vi
a claim for S1l 800 presented TO the legisla-
ture. This claim was for lands in Dawes
county belonging to the estate of Herman
Goedde. who died without heirs in this
country some time prior to the year 1901.
Goedde was a subject OF tho kingdom of
Prussia. His brothers and sisters I'm his
native country employed MIR. Fisher to
look after fbeir interests and TO obtain from
the state OF Nebraska the value of a sec
tion Of land. which under the law would
escheat to the state. Fisher obtained a
decree declaring the lands escheated, but
the value Of the land was not fixed by the
decree. An sppraisemcnt OF the property
was ordered and its value fixed et $500.
Fisher filed with the auditor and presented
TO the legislature of 1901 a claim for pay
ment for the land in which he alleged that
its value was 5000. and as proof referred
10 the decree and a copy of the appraise-
ment, which he said was attached to and
made a part of his claim. No copy of the
appralsement was in fact attached and for
that reason the claim was not allowed.
After the appraisement was made It was
fraudulently changed from 1,5OO to $1l, 500
Captain Fisher again presented the claim
to the legislature of 1903 and attached to II
a copy OF the altered appraisement and the
claim was again rejected. He again pre-.
scented It to the Legislature OF 1895. together
with the altered appraisement and pressed
It for and for the third time Il
was disallowcd.
When the legislature of 1907 met othel
persons claiming to act for tho Goeddt
heirs presented a claim for the land oil
the suppositfou that II was escheated t
fore the claims committee of the house anC
disclosed the fact that he had recent.
purchased the land from his clients TO
$1,000. less q commission of $40. The hous,
then passed a resolution requesting tn,
attorney general TO Institute. disbarmep
proceedings against Captains Fisher. y
AccuittaI of Forgery.
The court in its opinion says:
The respondent was acquitted Of chang
is quite probable that he did not know Q
it's alteration until after he presented hi
claim to the legislature OF lSoS, but
was directed to the matter and he mus
have known that fact when he again pre-
scented the claim IA 1905 There Is no es
cape from this conclusion aud so when h
used the fraudulent appraisement TO SUI
port his claim. after having knowledge 9
professional conduct and q breach of SCUM
professional ethics. His conduct havin
been cee6, sro v 70 S oSr ~ atte 1ibspty p ~ t aYsrI RrS
or condone II. Such conduct In an office
of this court not only merits, but actual
requires discipline therefor. The commit
tee has by It's report recommended Ienienc
in this case and In view Of all the eli
cumstauces disclosed by the record we al
disposed to adopt the recommendation.
saloon Closed by Appeal,
An appeal to the district court by remol
strant in a liquor license case is %sufficiel
TO close the saloon pending a decision In Il
district court, according TO the decision
the supreme court in the suits filed by III
Schuyler saloonkeepers named Becker, Ga
vey. Krivohlayek. Hegner and Marley. II
supreme court says:
Where a hearing has been had upon
application for a license to sell intoxicatil
liquors and a remonstrance thereto, al
such remonstrance has been overruled al
a license issued, and an appeal has be
taken TO the district court within a reaso
able time, the license so Issued should
recalled and revoked pending the appe
In the district court, and mandamus "
Issue 10 compel the recall and revocation
the license.
This same question is involved in I
suits filed against the proprietor Of Kr
park in Omaha for selling liquor after I
village authorities of Benson had grant
a license over a remonstrahce which "
later appealed to the district court Of Dol
las county.
on Iehearing in the case of Fred "
n hA1f &NNftA 1hAAhN NAAoA Y WAfA
legally selling and keeping for sale LOU
the supreme court has modified it's form
opinion, but requires Yeoman TO pay
tine Of 500. The syllabus, which contai
the meat Of the law in the case. follow
A defendant when on trial charged w
The crime OF selling intoxicating liqI
without a license, is presumed to be inn
sent until such time as the evidence
lablishes his guilt beyond a reasonal
doubt and he is entitled to have the ~
10 instructed.
A person charged with the keeping
intoxicating liquors for the purpose
hnlawfully selling and disposing Of
Game, where such liquor is found in
possession, is not entitled TO the presun
lion OF Innocence which usually surrou
khe defendant I'm 4 criminal prOsecuti
because the statute makes such possess
~preSumptiVe evidence OF a violation
lhapter 50 Of the annotated statutes