Omaha daily bee., 1909-02-21
COAL TRUST CASE REVERSED
Supreme Court Remands Howell
Prosecution to District Court.
COURT ERRED IN INSTRUCTIONS


49, ~
LINCOLN. Neb, Feb. 3.-(speciai Tele-
s~ram.)-samuel f. Howell. convicted Of
violating the Junkin antitrust law and
sentenced TO six months in Jail and to
pay a fine OF 1000, won a victory in the
supreme court. which today reversed the
decision Of the lower court and remanded
the case for further proceedings.
The opinion was written by Chief Justice
Reese. The chief justice held that the trial
judge had erred in giving an instruction to
the jury. This instruction was to the eff
feet that the constitution of the Omaha
Coal exchange itself, II carried out, was a
violation OF the antitrust laws of the state
in that 1t provided that members of the
exchange could not personally solicit bust
ness but could send out postal cards or use
unsigned printed matter to get business.
This constitution also provided that the
exchange could not interfere with prices or
agreements between the members whether
the prices were retail or wholesale. Judge
Reese held that this could be taken into
consideration by the jury, but in itself It is
not violation of the law.
The record In the case covered 5000 pages
and there were 159 assignments of error.
Judge Reese said, and for that reason the
court would not review the case in detail.
The court held that Notwithstanding How
al was not individually a member OF the
omaha Coal exchange he was responsible
for its acts because he was president Of an
organization which did belong to the ex-
change.
Kearney County Must Pay.
Kearney county must pay to Buffalo
county half of 1885. which the latter paid
out for repairing the sO0-foot bridge across
the Platte river directly south of the city
of Kearney. Kearney county refused to
Join in a contract to have the structure
placed in disable condition and the work
was ordered and paid for by Buffalo
county. Kearney county refused to pay
and judgment was obtained against it in
district court. Appeal was taken and the
supreme court holds that a county which
refuses to enter with an adjoining county
TO repair a bridge across a stream dividing
them is liable to the county making the
repairs for such proportion Of the cost as
It ought to pay, not exceeding one-half OF
the amount expended, when the county
making the repairs has followed the pro-
oedure of the statute as to notice. etc.
No More Malt Beverages.
The supreme court has just decided that
the sale of "Non-Tox," 'tJustus Beer"
Malt Mead and kindred alleged nonintox-
icating matt beverages comes Witnin liz III
hIbition OF the slocumb law and that their
sale without a license is just as much a
violation of the statute as would be the
sale of old-fashioned lager beer. The case
in which this opinion is handed down is
that of John A. Luther against the state,
and comes from Harlan county.
Luther was arrested for selling Non
Intox,' a malt tonic containing less than 2
per cent OF alcohol and under a search
warrant a number OF barrels of the stuff
were foound on his premises. He was con-
victed and fined in the district court and
appealed. The case was reversed upon
the original hearing before the supreme
court commission. upon the ground that the
state had not proved that the liquor was
Intoxicating. A rehearing was secured and
the former opinion Is now set aside. 1t Is
held that It is not necessary for the state
TO prove that malt liquor is Intoxicating.
The sale OF all malt liquor as a beverage
is prohibited by law, and such sale is a
violation OF the statute, whether or not
the percentage of alcohol is sufficient to
produce intoxication.
Shippers Right to Cara.
No matter what demand a shipper may
make for empty cars he is only entitled
to his percentage Of the number available
for use at his station. This is the opinion
of the court in the case OF State ex rel
Frank Dobney against the Northwestern
railroad. Dobney was a hay shipper at
Stuart. Holt county. He made demands