Omaha daily bee., 1911-05-07
Nebraska
,CHTROPRACTOR WINS POINT
Supreme Court Holds that Informa.
ton Was Defective.
HAMILTON SUIT REAFFIRMED
High Court Holds Judge sedEwIck
Was Not DISQUALIFIED TO SIT I'm
Case Chief Malone
Loses.
lion a $50 corrennonden.. ,


LINCOLN. Neb.. May 6-,special) Tho
supreme court today handed down an opin-
ion In the Wilson chropractic case, sent
mere from Custer county. and reversed the
decision given by the district court on ac-
count OF defect in the information.
The lower court found that c. f. Wilson
the defendant in the case had been guilty
Of practicing medicine without a license
Todays opinion OF the supreme court does
not allude TO that phase of the matter, but
takes its action solely on account Of the
Information defect. In the reversal and re-
manding for further proceedings the court
states that the defect which II bases its
action upon was in that II did not allege
that the defendant Wilson lives In the
county where he was alleged to have
Dractced without regular state license
Judge Snas A. Holcomb defended Wilson
in the courts, sllegedng that ne had not
Violated the medical law in not obtaining
license 70 practice medicine because he
had not in fact practiced medicine in the
sense contemplated by the statute, and II
he did violate the medical law then the
medical law Is unconstitutional. Assistant
Attorney General Edgerton for the state
argued that Wilson had violated the med
zeal law. and that the judgment of the
court imposing a fine should be affirmed
No License Secured.
The medical law provides that one who
receives q license TO practice medicine from
the state board of hmealth shall file II for
record in the county of his residence or in
the county where he intends to practice
Judge Root who wrote the opinion says the
information alleges that Wilson, "late of
Custer county violated the law by not
having on record license in Custer county
y gut the information does not allege that
Custer county IL his residence. hence all
that the Information charges might be true
and still tshe defendant might not be guilty
Of violating the law for he might have
license on record in his home county. The
court says tho information is fatally de-
fective and the motion to qussh should
have been sustained. Tho syllabus of the
opinion is as follows:
"A statement in an information that the
accused did treat and profess TO heal
Icertain named patient without having
(certificate or license issued by the state
board Of heath. and nled In the office of
the clerk OF Custer county, Nebraska, as
required by law does not negative the fact
that a license issued by the state board may
.1have been filed In the office OF the county
clerk of the county where the accused re-
sides"
Hamilton SUIT Stands
The motion to vacate a Judgment OF re-
versal in the case Of Hamilton county
against the Aurora National bank the
county having asked for the vacation on
tho ground that Judge Sedgwtck waa not
qualified to act ard that without his vote
there could not have been a reversal has
been overruled by the supreme court The
original suit involved theJquestion OF re-
covery OF interest on Hamilton county
funds. no bank having bid for the money
and the county treasurer having kept the
money IN the Aurora National bank with
out the payment of interest. The bank
and the county treasurer were both sued
s-hy the county, but recovery was made
from neither one of the defendants In the
case The contention by the county that
Judge Sedgwick was not qualified to act
arose because OF the fact that he before
his election TO the supreme court acted
as attorney for the county attorney OF
Hamilton county when the matter first
came up in the district court
Harrington Wins Case.
M. C.. Harrington has obtained an af-
firmation OF q judgment OF $500 against
John Hediund of Boyd county in a test
case which was recently brought up 10 the
state supreme court. The suit was against
a Boyd county settler, who claimed land
under a federal homestead act, but which
was also claimed by the state. HaTTing-
Non, as attorney. is said 10 have agreed
mTo obtain the land for the settler under
, the homestead entry act at certain cost.
Later, when the Boyd county man. as
we'll as others who gave the attorney sim
liar Gases under the same terms were
forced to pay more. he refused to COM
pensats the lAwyeS for his trouble and
the suitlyesulted.
MaIOno Loses Suit.
Thas Chief OF Police Malone and former
=, Chief Cooper of this city must turn over
TO an indemnity company something more
4.