Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-03-18
Supreme Court Syllabi

1915. White against state. Error from
Boone Affirmed Reese, G.. J.
l. In a prosecution for selling intoxicating
liquors In violation OF law, Il was charged
In the information that the accused did, on
a date named, unlawfully sell to person
designated, an intoxicating and spirituous
liquor, tO-wit, giving the name or quality
Of the liquor alleged to have been sold; The
proof showed the sales, that though labeled
and branded by another name, which was
for the purpose OF deception, the liquor con-
tained TO a large degree the kind and quail
ity alleged In the information, and that II
was Intoxicating Held, that the evidence
sufficiently sustained the averments OF the
information under the provisions OF section
IA. chapter 3d. Compiled Statutes.
1898. fash against Ludden. Appeal from
Lancaster. Affirmed. Fawcett, ].
l. April s. 1909 the legislature passed an
act to establish and locate an additional
state normal school; and. supposlng at the
time that another act passed April 1, 1893,
creating the Normal Board OF Education
was valid act and that such board was
the one upon which would devolve the
carrying into effect of the said first named
act its name was used In said act. BY
subsequent proceedings In this court, in
State against Majors So Nebraska SO, l2
N. W. ~, the act of April /, 1903 was
held unconstitutional and void; held, that
BY the mistake OF the legislature as TO
name and that the duty OF carrying II
into effect devolved upon the existing
board, defendant herein.
cities and towns. competing for the To-
cation of the state normal school, should
file their applications with the secretary
Of the normal Board OF Education within
sixty days after the said act became ef-
fective; held that time was not of the
essence Of the thing to be done, and that
such provision was directory merely and
not mandatory.
g. And the fact that prior to the decision
OF this court in State against Majors, on
November is, 1903, the Board Of Education
was unwilling to take the responsibility of
establishing and locating the school pro-
vided for in said act, did not deprive said
board of its right to thereafter proceed
with the discharge of the duties enjoined
by said act.
T. And the fact that the city Of Chsdron
filed its application with the NORMAL
Board Of Education, did not preclude such
city from having it's application considered
by the Board Of Education after 1t had
resumed the exercise Of its powers and
functions, II appearing that said applica-
tion was received and filed by said board
before It had taken any action in the
premises.
s. And the failure Of defendant board to
visit the various cities and towns COM
peting for the location Of the state normal
school and select site for the location
Of said school within the time specified
In the act of the legislature, was inn
material. as the later visitation OF such
points and selection of such site accom-
plished the substantial purposes of the
statute.
6. All corporations capable of taking and
holding property have the jus disponendi
as fully as natural persons, except so far
as they are restrained by statute, or are
prohibited by their articles of incor-
poration or outstanding contracts; and
under this general power a corporation may
dispose of the whole Of it's property for
any lawful purpose.
Z. A college Incorporated by the statutory
number Of resident freeholders, for the
promotion of Christian education by har-
moniously developing the moral mental
and physical powers of those who share
its advantages" which obtains its real
estate by purchase and receives its title
| thereto in an unconditional warranty deed
and whose trustees are elected 'by the
Northwestern Association OF Congregational
Churches in Nebraska" and which obtains
a considerable portion of its funds by
soliciting and obtaining written Subscrip-
| tons by way of contributions from PEOPLE
of all denominations and of no denomina-
ton, which were given and paid in the
| treasury OF the corporation without any
written condition trust or purpose of obli-
cation, except that the same were to be
used for the purposes of the corporation
I'm purchasing land, erecting buildings put
| ting them up and supplying the school"
does not thereby become a religious, sec
tartan or eleemosynary corporation or in
stituuon, so as to preclude a sale by the
| trustees of said corporation Of any or all
| OF its property, real or personal which
sale will not divert the property from the
purpose for which II was obtained and used
| by such corporation.
| 3. The evidence examined and set out in
| the opinion as to the acts of the board of
! education, defendant herein, subsequent TO
| the decision Of this court I'm state against
| Majors In relation to the establishment
and location OF an additional normal school
1 at Chadron, held, within the scope Of the
| powers delegated to such board by the act
| Of April 5, 1909
1924. McGahey against Citizens Railway.
Appeal from Lancaster Affirmed Root, ].
| 1. II the driver of a vehicle at a street
| intersection is reasonably justified in be-
! lievinE that he can pass over a street
railway track before an approaching car,
/ II propelled at its usual and ordinary rate
Of speed, viii reach that point he should
! not he held, as matter Of law. guilty of
negligence in attempting 10 cross.
| 1921, Mccoy against City Of Omaha. Ap-
! peal from Douglas. Affirmed. Sedgwick j
! 1. The mayor and council of cities OF
| the metropolitan class had power under
the act of 1897 to prescribe by ordinance
J duties of the Board of Pubic Works not
| specified in the statute.
u 2 The ordinance Of the city Of Omaha
directing the BOARD Of PubIic Works .,