Omaha daily bee., 1909-12-25
Nebraska
SOME R~EASSESSMENTS VALID
Supreme Court Says Action Under
Omaha Charter of 1897 Legal.
LUTHER MUST PAY HIS FINE
Harlan County Mans Appeal 60
Supreme COurt Brings No Relief
inspection of National
Guard.
From a staff Correspondents

CFrom a staff Correspondent
LINCOLN. Dec. 2-CSpecial.)-It is law
full for cities of the metropolitan class to
reassess void special assessments levied
under the charter Of 1897.
This was decided yesterday in the supreme
court in the case Of Matida X. Gardiner
against the city Of Omaha. Suit was
brought to enjoin the collection Of e paw
ing assessment Of $S064 which had been
levied against a lot owned By the plaintiff
in the city Of Omaha The injunction was
asked on the grounds that a curative
statute authorizing the assessment was in
valid
The court held, Judge Rose writing the
opinion:
Section $50, chapter ia, compiled stat
utes Of 1903, the curative act authorizing
cities Of the metropolitan class to reassess
void special assessments levied under the
charter Of 1897 is not void as class legisla-
ton, because it excludes from its opera
ton void assessments levied under former
chapters" The lower court was affirmed.
No Relief for luther
John A. Luther Of Harlan county, who
was tined 500 Tor a violation Of the Slo-
cumb law and who was committed to the
county jail pending the payment Of the
fine, must remain in Jail until the fine
is paid or satisfied, so the supreme court
holds.
After he had been fined Luther appealed
to the supreme court which affirmed the
decision Of the lower court. The sheriff
then placed him in jail and from this
action Luther appealed. The court held
that a district court has authority when
It assesses a fine for a to
order the defendant 10 remain In ia. until
the fine is paid. In the absence OF such
order the clerk may order the sheriff to
levy on property of the defendant and in
the absence Of property to levy on ms
person and commit him to jail.
Supreme Court Opinions.
The following opinions Of the supreme
court were filed yesterday:
State on complaint of Everson against
O'Rourke. Affirmed. Reese, G. j
Borcher against Mcguire. Affirmed
Reese, c. ].
Christensen against Omaha & c. B. st.
Ry. Co. Affirmed. Dean, j.
Hutch against Hutch. Reversed and re-
Glow against smith. Affirmed. Root, J.
Sowerwine against Central Irrigation Dis
trict. Reversed and dismissed. Fawcett, J:
Mccartney against Hay. Judgment OF
district court reversed. Barnes. j.; Rose,
Darr & Spencer against Kansas City Hay
Co. Affirmed. Letton. J.
McCook Water Works Co. against city
of McCook. Plaintiffs action dismissed
without prejudice and, as thus modified,
judgment of district court affirmed
McCollum against Central Granaries Co.
Gardner against City of Omaha. AZ
fif InfSer S against St State. Petition in error
Sarion against Civ Savings Rank. AZ
firmed. Barnes. J.
In re dSsbarment of L J. Dunn. On mo-
ton overruled. Reese. c. j.; Dean, J.,
dissenting.
Governor Asked for Aid.
Governor Shallenberger was called upon
today by telephone for help by a mother
who has three young children all of Who
are sick in bed Of scarlet fever.
The governor was informed that the
woman had asked help from Mr.. Prevey,
the head Of the charity organization of the
city and that the latter has sent out some
coal, but has refused to send anything to
eat The woman said she had no money
in the house and neither did she nave any
thing to eat.
The governor sent Joel Piper, secretary
Of the State Board of Charities and cor
%rection to investigate and relieve the
woman's wants.
The charity society collected g, 800 yes
terday. But 5000 of this goes to the ad-
ministrative officers and for emergency
calls.
DipsO Must Return.
Frank Mccartney Of Howard county, who
was sent to the asylum in Lincoln as a
dipsomaniac, must return to that institu-
ton, so the supreme court decided yester-
day. Mccartney set out that he had never
been or given q hearing in the
matter and the district court of Lancaster
county ordered his dismissal from the IN
stitution. DIR. Hay who was then the
superintendent of~the asylum, appealed n
the court reversed the lower court.
Inspection of Guard.
Major Phelps, inspector Of the National
guard, has completed the inspection of all
the companies in the state. The report
shows that there were present in the First
regiment at inspection S1s; absent, 21s; per
cent absent. 4Os, against 81 per cent last
year.
OF the Second regiment there were pres
ent S2S; absent, lS3; percent OF absent, 30,
against "a per cent last year.
Following is the report in detah:
Present. Absent. Absent.
General staff ..."...... Ia
Hdqrs. First brigade. 5 49,.
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