Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-25
Nebraska
FTREMEN'O PENSIONS VALID
Supreme Court Upholds Act Affecting
Lincoln and Omaha.
lower COURT IS REvERsEp
sentence ef Jerry Hanks of Dawes
County Cut from seven to Three
Ysars--eOne Year Taken from
NixOn's Sentence.
Trom . slaff corre.pondent.l

Prom a Staff Correspondent
LINCOLN. April 4-(speciaI)-Tbe ST.
I prene court has sustained the validity of
the firemen's pension law which applies
TO Lincoln and Omaha II has reversed
the decision OF the district court IN the
case OF John Haberdon. whose application
/ for writ of mandamus against the city
OF LINCOLN was refused. Judge Roots
opinion IN the case SAYS
10 competent for the legislature to
| require cities Of the metropolitan class and
cue OF the nrst-class to pension superan-
nuated firemen and to pay those pensions
from the funds Of the fire department
| such legislation is not obnoxious to the
Sonaitn1fan IN tb sect ION Of article q the
impose taxes upon municipal corporations
OF the 4nhabitants or property thereof for
Nor 10 the Legislation repuEnant TO sec
tic9 or article IL OF the constitution.
woioh PROVIDES that the credit of the
sld q any individusl association S't or corr n
poration.
Nor does such legislation contravene Sec
uon l6 OF article OF the constitution
which provides that the Legislature shall
never grant any extra compensation to
any public officer, agent or servant or
contractor, after the services shall have
been rendered or the contract entered into.
a fireman, who IN 1905 after more than
n~rs,Ss ,ohe years service n the fire de
]
retire therefrom aud 10 receive the pen
sion providd by chapter 80. laws Of 1895.
is entitled to that pension.
A fireman entitled to a service pensjon
no part Of which is paid for injuries in
Inctsd while In that vocation and as a
result thereof, may only receive the pen
sion provided by law at the time OF his
retirement.
Jerry ,. Hanks OF Dawes county was
sentenced to seven years in the penitentiary
for criminal assault upon girl. Upon a
rehearing the sentence was reduced to three
years but in all,other particulars previous
findings were adhered to-
James Nixon from Nemaha county. for
stealing 80 worth Of goods from a store.
whose original term was three years. had
It cut down to two years.
The following opinions of the supreme
court were filed:
w w, against winsloy, affirmed; sedg-
Flesner against steinbrucl. affirmed !:
McNamaha against cunderson affirmed.
Barnes, j.; Fawcett, j., not sitting.
Martin against Harvey, affirmed; Faw-
Haffke against Coffin. reversed and r.-
manded; Root, J.
zentmire against Bradley. affirmed /;
SEEKER against sieker. affirmed. Iat,or
witt against Old Line Bankers Life In
surance company. reversed and remanded :
Eose' VI; Fawcett. j.. dissenting: Reese,
g j., and Lection. j., concur in dissent
Strauss against Monitor Speciality com
pany, affirmed; Fawcett. J.
hawkins against Collins, affirmed;
Bolen against Wright. reversed and rs-
lmanded with directions, each party to pay
ms Ks S%n costs In this court; Barnes.
J. sedgwich, j., not sitting
state Bank of Beaver county against
bradstreet affirmed; Fawcett. j.
a 0rrQN NN0k II
Woodward against Woodward, reversed
Hcs,yerk seaiuAt . SI5i ots reversed and res
Dsines against schwnd, A proceeSinS i''t dis.
missed; Barnes. j.. Rees c. j. and SedR-
wick, J., not sitting.
hearing sentence reduced to three years
imprisonment In penitentiary, and as thus
modified. former opinion adhered to- Motion
for rehearing overruled; Sedgwick. j.;
Rose, J. and Root. j.. dissenting
state, en-. rel. HaberlP- against Love- re-
yersed and remanded: DOT, j.; Reese. C.
Nivon against state, Judgment of district
court modified by reducing term OF con-
M tns to two years, and as thus modl-
nnaha county; Reese, c. j.
Allen against School Districts No 10 and
q, affirmed; sedgwick, ].
Following are ruling on motions for re-
hearing;
ayers agNlnat Myers overruled.
McCabe against Equitable Land company
overruled
MoCabe against Reed, overruled.
banking House OF A. w. Clarke against
Ward. overruled.
Bundy against Wills, overruled.
TERN against Thorpe, overruled.
johnson against State, overruled
Burnett agBinst State. overruled.
Hanks against state, sentence reduced to
three years: motion FOR rehearing overrliied
Jobst against Hayden Bros overruled
Stires against First National Bank Of
Columbus. motion OF appellant overrued
Stires against F1rRt National Bank Of CO.
iumbus. motion Of appellee overruled.