Omaha daily bee., 1908-12-28
MATTERS IN THE DISTRICT COURT
Meyers Contempt Case Taken Under
Amusement by the Court.


Judge Wheeler in district court satur-
day took under advisement the contempt
proceeding against w. L. Meyers, reputed
proprietor of the Manhattan saloon, who
was charged by Rev. James M. Williams,
pastor Of Broadway Methodist church,
with violating an injunction secured
against tho saloon in October. 1907. by c..
IL. Huber.
Subsequent TO the Huber injunction ac-
tion was brought in the federal court in
which it was claimed that Anders Larson,
a resident of Minnesota, was. in fact, the
owner Of the building and not II. A.
Larsen of this city, against whom the suit
was brought by Huber. Judge Mcpherson
gave a decree, finding that the title to
4 the building was in Anders la;a5n and
that the injunction of the dist. ct court
was void SO far as It affected the property.
The state of Iowa, Pottawattamie county
and Huber were enjoined from enforcing
the injunction against the building.
Meyers. who claims to be conducting the
saloon under lease from Anders Larson,
pleaded this decree of the federal court,
contending that the injunction having been
held void as to the property could not
affect Meyers.
County Attorney Hess argued that the
district court would have the right to
abate a nuisance 81 the place despite the
decree OF the federal court and that the
Language Of the Injunction which pro-
hlbiled .-y person from Illegally con-
Quoting .lJl in the place applied to
Meyers.
Z Judge Wheeler expressed the belief thai
notwithstauding the ruling of the federal
court. tie state court would have the
right 10 abate a nuisance in the e~njoined
.- .gn,. Within a war hnt
said that this right would not now exist,
because the injunction was secured more
than 4 year ago. He indicated thut he
would probably dismiss the contempt
case unless such a showing was made
Z by the county attorney as to change the
| courts views OF the law applying to the
Z case. The decision will probably be
' handed down about the middle Of this
week.
Mrs. Christian Peterson yesterday
! brought suit against the Burlington Rail
road company 20 recover $1,000 damages
for alleged personal Injuries. The
plaintiff recites in her petition that OF
November 80. as she was driving across
the tracks of the defendant company or
Eleventh avenue and sixth street, ont
of the crossing gates was let down and
in falling struck here on the SHOULDER
severely ~injuring her.
The Fred Miller Brewing company
brought suit yesterday against Henrietta
Charles and her husband. l.. l.. Charles
for S24O, four months rent of the sa
loon at 552 West Broadway, known a.
tho Opera House bar. The place wa
closed yesterday by the brewing company
Rankin & Cowden brought suit yesterday
against s. A. Pierce TO recover 1850 TO
ditching and drainage work alleged TO hav,
been done by them in 1896 on land in Ere
mont county. this state. which the defend
ant is said by the plaintiffs to have owne,
n with Harry F. Pierce, who recently filei
! a voluntary petition in bankruptcy.
The clerk OF the district court receives
yesterday from the supreme court the pro
cedendo in the case Of Roy W, Stevens, tn
linotype machinist who was committed L
the penltentiary for fifteen years for at
tempted crImina assault on an n-year-ol
girl The appeal is dismissed by the 81
preme court.
Judge Wheeler yesterday made an orde
for the distribution OF the estate of the lat
Jens Anderson. who was killed on the nigh
of March n, 1891. by falling from the thir
floor landing OF thu Masonic Temple, o
: which he was %janitor. The estate amount
TO about 5000 and viii be divided anon
three brothers and sisters OF the decease
who reside in Copenhagen. Denmark. W s
Baird. who, as attorney for Anderson, ha
drawn the latter's will only a day or $
before his death. il administrator OF tn
estate. The interests OF the relatives 4
Denmark IN the matter have been locke
after by the Danish consul in Chicago.