Omaha daily bee., 1909-10-10
Nebraska
MALONE CONTEST PROPER
Supreme Court Holds County Court
n Has Jurisdiction.
INJUNCTION FOR BoEACUM
of Police Hicl<ard Resigns After
clusion of Hearing and
AcquittaI by the Excise
Board.
FROM a staff correspondent.)

From a Staff Correspondent
ECOLN, oct. 9.-(SpeciaL)-The SUI
e court today decided that the election
Nsst instituted by Robert Malone, candi-
icf for mayor of Lincoln. was properly
-, ed in the county court Of Lancaster
Tlty. Don L. Love, who was elected
9Jor, commended, through his attorney,
the city council alone has jurisdiction
hear the contest. Application was made
the district court for a restraining order
4 to prevent p. James Cosgrave as county
1 Judge from bearing the contest. This APP
plication was denied by the district court
and an appeal was taken to the supreme
court in the name Of Mayor Love.
Judge Letton wrote the opinion Of the
court, holding that the contestant had a
right to start proceedings before either the
county court OF before the city council,
these having concurrent Jurisdiction. Judge
Barnes dlssents and holds that the city
council has ex 'lusive jurisdiction.
No Relief for Auto Man.
Albert Jones. fined SIS for running an
automobile at a speed greater than ten
miles an hour in the town of Wayne, gets
no relief from the supreme court. He con-
tended that the verdict was not sustained
by the evidence. that the court erred in re-
fusing to strike out the testimony Of GER
tain witnesses and that the verdict was the
result Of prejudice against automobiles. The
supreme court affirms the Judgment
against Jones and says that questions Of
fact are for the jury, and a verdict by them
on a question OF fact, where testimony is
conflicting. will not be reviewed.
In the case Of Hespen against Wendin.
from Otoe county, the court has reversed
the judgment of the lower court Will d.
~rections 70 enter judgment in favor Of the
T. - TLNa
finding is in favor OF a foster son who
claimed the right to inherit the same as a
natural son. The boy was born in Ger
many out of wedlock and when he was 8
years old his mother married and came TO
Nebraska, where she and her husband To-
Gated on a farm. Other children were born
to the couple and the family prospered
financially. The husband and wife came to
America and started in life with money
the mother had received for the boys BEN
eft. II was agreed by the husband that the
boy should share in his estate the same
as his other children.
In. the case of Charles Wrinkles against
CITY Of Hastings the court holds that the
district court had no power to detach prop
erty from the city of Hastings. This power
was conferred by the Legislature upon the
mayor and council. An appeal from that
body in refusing to disconnect particular
tracts cannot be made the means Of trans
ferrlng such power TO the district court.
The case is reversed and dismissed.
No Injunction for Bonacum.
The supreme court today overruled the
application of Bishop Bonacum for an In
junction TO restrain Father Murphy from
the use of parish property at Ulysses
There is now in the supreme court an ap-
peal flied by tho bishop on q previous in
D. 49,.
The Bonacum-Murphy feud is OF several
years standing.
Police Chief Resigns.
The findings OF the excise board, made
public this afternoon, clear Chief Of Po-
lice Richard of the charge of affording
protection to houses OF il-fame. It holds
however, that the chief used poor judg-
ment in arresting Detective w. A. Bentley
under the circumstances down at the Eva
Martin place and throwing him In jail.
Ex-Polioeman John Wright comes in for a
roasting for his failure to report conditions
down in the bottoms when he was a plain
clothes man and was assigned this duty
by his superior officer.
The board takes hold Of the matter OF
lack OF cooperation between the police de-
partment and the county officers, which
has become notorious. 1t finds that dis
cord exists and is a serious detriment tC
the public service, and It declares that In
the future cordial relations shall prevail
as far as the city is concerned.
For reasons which he says are known
only to- four men. Chief OF Police Richard
has handed In his resignation as head OF
q the police department OF the city Of Lin
= coin. The written request TO be relieved
from duty was handed in TO the members
OF the excise board yesterday. but 1t was
not intended that IT should be made known
for some time yet to come. and particu-
larly until the findings OF the board wer,
made public with regard to the Tyrrer
charges.
1t was entirely by accident that the mat
ter leaked out at this time, through 9
slip Of the tongue made by Excisemar
Harpham in the presence OF Sheriff Hoag,
land.
Despair as Secretary.
Don c., Despair was elected this after.
noon as secretary OF the Lancaster county
republican central committee, at a meet.
ing OF that body held in the Capitol hotel
He had been asked by Chairman Ander.
son on Friday to take the place and no,
body else was suggested for It.