Omaha daily bee., 1908-12-18

BY an order of the supreme court signed
Today four members of the supreme court
commission left after the selection of new
judges by Governor Sheldon. will remain In
office until April 10, 1909.
This is the date when their tenure Of
office expires under their appointment. The
appropriation of the last legislature runs
until this time. In view Of the amount OF
back work confronting the court and In
order to clear up the docket so the seven
judges may a k charge with best results,
the court decided to retain the commits
sioners.
The four who are retained are e. r.
Duffie Of Omaha, +. c. Calkins Of Kearney,
e. e. Good Of Wahoo and a. c.. Epperson
Of Clay.
When the constitutional amendment en-
larging the supreme court to seven mem
bers was passed, there was some question
whether the commissioner would be re-
tained. Members of the bar In Omaha and
other places took action favorable to their
retention until their terms expired, and the
judges decided this plan advisable.
Delay for shumway.
r. Meade Shumway, sentenced TO be
hanged January 8 for the murder of Mrs.
Martin, today secured a delay, the supreme
court fixing January 20 as the date for the
execution OF the sentence. The court re-
quires further time for examination OF the
transcript, because OF the reorganization
end the inability of the new Judges to do
the work In the time at first fixed
The case of f. w. Fitch against Euclid
Martin, administrator of the estate of
Robert Majors, was reversed by the court.
After numerous trials and several aux
Hilary proceedings Mr.. Fitch secured judg-
ment against the estate for 81, 1852 for
legal services. Neither side was salts
fled and both appealed. 1t was in this
case that Attorney Fitch was cited on a
contempt charge. He once secured judR.
ment for several times the amount secured
In the last trial.
d. j. O'Brien & Co. secured an affirma.
ton of their judgment aga INST the Omaha
Water Works company for damages result.
ing from the flooding Of their cellar through
the neglect of the defendant.
n. j. Greene Released.
Robert ]. Greene, an attorney of Lincoln,
who was convicted in the lower court OF
having extorted $50 from a saloon keeper,
won out In the supreme court and the case
against him was ordered dismissed. The
court held that the section of the statute
under which he was convicted is unconsti-
tutional. The opinion was written by Com
missioner Calkins. In his syllabus he said
Section 3 of the act of March 80. 1901,
~contravenes section Is of article iii Of the
constitution of the state of Nebraska, which
forbidS special legislation; as well as sec.
ton ! of the fourteenth amendment to the
constitution of the United States, which
forbids a state to deny to any person
within Its Jurisdiction the eeQual protection
of the laws, in that the acts thereby pro.
hibited are made criminal only when com.
mitted against citizens or residents of the
state of Nebraska.
The rule hat a court will not listen &c
an objection to the constitutionality OF 9
law by a party whose right 1t does moi
where the vice of the law consists in an un.
warranted discrimination between the indi-
yiduals against whom the aggression thereby
forbidden Is committed.
Complaint as filed against BilIlngsley
and Greene allege. charging them with
having for a consideration withdrawn pro-
tests against the sranting oil liquor licenses
Greene asked Tor a separate trial, which
was granted. He was convicted and fined
$500.
Corporations and Liquor License.
The supreme court has upheld the district
court and the city council of Hastings
which granted a liquor license to the Hast.
ings Brewing company.
Two objections were made to the grant
ing of the license by the demonstrators
that the mayor had cast tile deciding vote
in the council which gave the license and
that a corporation could not secure q
license TO sell liquor.
The supreme court held the mayor OF a
city OF the first class may cast a deciding
vote in the case of a tie over the matter
of a liquor license and also that a corpora.
! ffan YaaU aacttra a llcttor lOahaa m IA a
wholesale business. The court held that
a corporation, however, had nc authority
to sell liquor at retail.
The city council at Hastings voted four
to four on the license question. The mayor
then cast the deciding vote In favor oil
the license. TIL district court affirmed
the decision of the council.
Brown Gets the Seat.
Charles o. Whedon, who contested the
nomination of E. p. Brown for state SEN
ator in Lancaster county, lost out in tbs
supreme court and Mr.. Brown, who wal
elected, will serve. The two were riva
candidates at the republican primaries las
September and Brown received a majority
Of six votes. He took the matter to tho
district court, which held against WhedoT
and that 1t had no Jurisdiction In the mat
ter. The opinion of the supreme court ar
firms that Of the district court. judge
Root, who wrote the decision OF the sur
preme court, said in his syllabus:
The district courts are without power t
consider and determine an original actor
Instituted for the purpose OF contesting tn,
nomination Of a legislative candidate at the
primary election.
New Ruling ON street Railways.
The supreme court today, in the case OF
Stewart against the Omaha & Counc
Bluffs Railway company, says that a pc
d~estrian need not exercise the same care in
crossing the tracks OF a street railway al
when crossing the tracks Of a steam rail.
road. The court states that this distinc.