Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-11
Nebraska
COURT FOR POOR CHILDREN
Nebraska Supreme Body Makes Rul.
ing in Creighton viii Case.
LEGALLY IN UPPER TRIBUNAL
Permanent Injunction Secured by
Michael Gleason Against Cracker
Company Dissolved-HOt
Treasurer Must Pay.
- . SO Correspondent.l

n
LINCOLN. Dec. o-Csrecial)-One Thase
OF the complicated lawsuit growing out Of
the distribution Of the Creighton estate ypls (
passed upon by the supreme court in de-
cislon handed down this afternoon. Il Is /
held that the clerk TO the county judge Of
Douglas county had proper right 70 sign |
a certificate purporun gto come from the
county Judge and further that the CLERK
signed such certificate instead Of the judge !
himself Is no reason to assert that the dis
trfct court has no jurisdiction in the case
appealed from the findings Of the probate
court The court refuses to pass on the (
hight Of the state 70 intervene or on the
constitutionsllty Of the law under which [
the executors Of the estate took their APP
peal
Count Creighton left $4,000 TO be held in
trust by the executors Of his will for the
establishment and maintenance of a home
for poor girls. The heirs attacked the be
quests and asked the county court 20 dis
tribute the money just as II the testator
had died intestate This motion was sus-
tanned by the probate Judge and the exec
utors appealed. The state got in as an in
tervenor on the ground that It had an in
terest in the bequest for the home for poor
working girls. The heirs attacked the jur-
isdiction Of the district court and the valid
ity of the certiflcation Of the transcript
from the county court to the district court
They were overruled in the district court
and the case went to a decision The state
appealed from that part OF the decision
which cut down the bequest for the public
home to about $4,000.
Supreme Court Position.
The attorney for the heirs moved in
4No# ko
on the same grounds which brought out
the motion in district court where It was
over-ruled The supreme court rules the
came as did Judge Estelle on this motion.
The real point at issue In the appeal by
the state has not come up for argument.
In passing on the motion the court takes
occasion to say concerning the argument
that the executors did not have interest
enough IN the case 70 be allowed TO appeal
from the findings Of the district court:
THE executors would have been shame
fully derelict in the performance OF their
duty had they acceded 20 the order OF the
county court, which diverted a fortune
from the objects Of the testator's bounty"
Injunction f. Dissolved.
The permanent Injunction secured by
Michael Gleason OF Omaha against the
Loose-wiles Cracker company forbidding
that company to build a raised sidewalk in
front Of their factory in the wholesale dis
trict of Omaha is dissolved and the case
dismissed. The court takes the ground
that at the time the restraining order was
Issued by the court there was rsason for
giving IT, but that since that time the
company has changed the plan of erecting
this raised and covered platform and there
Sc no further occasion for an Injunction.
boa pfx
ing the cracker company right TO construct
said sidewalk. just as Is customary in the
wholesale district. leason owned some lots
adjacent TO the factory and objected TO
the sidewalk because II would be dan
Eerous 20 travel over and because It shut
otu the sunlight from his lots and the ten
ants thereon. He asked for temporary
Injunction, which was later made perma-
nent by the district court.
Two Thousand from saloon Man.
The Judgment OF 5000 given TO Eve
Eelders of Havelock for debauching her
husband by Havelock saloonkeepers foui
years ago was affirmed by the supreme
court. The district court of Lancaster
county gave the judgment two years age
on proof that Soldiers had been a drunkard
but had reformed. and his wife had mott
lied the saloonkeepers OF Havelock not e
liquor and the husband has been much
addicted TO its use since that time. The
appeal TO the supreme court alleged thai
the amount OF the judgment was too ex
cessdve
Treasurer Must Pay.
As 4 result of a political fight several
years ago in Holt county, the editor OF tbs
ONeili Pioneer was prevented from pub
fishing the list Of delinquencies under the
scavenger tax law and the contract giver
by the county treasurer 10 the editor o.
his political persuasion. The county board
had made the FIRST award. The court hold
that Il had that right and when the treas
urer refused TO furnish such editor IN,
copy required 20 carry out his contract h
laid himself liable for damages which IN,
disappointed editor alleges he sustained b!
reason Of not getting the legal pubnca
tionE
Names W. ---- for Deputy.
Addison Wait. secretary Of state-eiect
has selected George w, Marsh Of Univer
slty Place as his deputy. Mr.. Marsh wa
secretary OF state from 1900 20 1904 AM
during his term OF office Wait came NJ
from Syracuse TO be a bookkeeper in tn
office. He has held on ever since in on
capacity another and now when hi
turn comes TO give out the plums he re
members MS former chief who Is now Il
the real estate business. and calls hin
back 90 public life.
Would Issue Certificates.
An appeal 10 the supreme court from tn
verdict OF an Antelope county jury In
murder case sets forth as one OF the al
legations Of error the fact that the iur
listened 20 evidence for eight days. wer
Instructed BY the court. retired an,
brought In verdict within three hours
This the attorney for the convicted de
PENDANT believes 10 have been misconduc
On the part Of that jury.
u. p. Comes In.
The Manley elevator case. one OF IN
Oldest on the docket OF the railway com
mission, has been settled ana wiped fror
the docket Of the long-suffering commits
sion. The case which was a complaint q
farmers elevator company Of the Cas-
county village to force the Missouri Ia
a.