Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
Nebraska
PAROLE MAY Be REVOKED
Right Of Governor to Exercise Dis.
erection Upheld.
MRS. LILLE TO GET INSURANCE
r. w. Hobart Gets District JudEeship
Of New Seventeenth District
Under Law Passed by Pres
ent LeRisIature,

'IIoul y HlaII CORES liDllueulsl
LINCOLN. Neb., April ESPECIAL The
right Of the governor OF Nebraska to un-
condtionally revoke parole granted TO a
convict at the state penitenuary was up
held Saturday in the district court by
Judge Albert j Cornish in the habeas
corpus proceedings brought by John G.
owen
owen il convict az the penitentisry
and was paroled bv Governor Shsllen-
berger Without n hearing the parole was
revoked and owen committed 70 the peni-
tsntiary again without any reason being
assigned for the revocation Of the parole.
He had been working on his brother Lu-
theirs farm in the western part Of the
site
The court prepared an extended written
opinion on the case, laying down the doc
trlne that the right OF parole was dis
cretionary power, subject TO the will Of
the governor. and the power to grant
carries with 81 the power to revoke. The
case viii be carried to the supreme court
by Price & Abbott the attorneys for the
applicant. and because Of its bearing on
other instances Of disputed paroles IN OF
great importance. The application for a
writ was denied.
Decision I'm Lille Case.
case Of Mrs. Lena NJ. Lille against the
Modern woodmen Of America was af-
firmed by the supreme court. The case
was brought by Mrs. Lille to recover in
surancs at the death OF her husband to
the amount of 200 The jury in the dis
trict court awarded her the money on the
grounds that she was not guilty Of the
murder Of her husband for which she had
previously been imprisoned in the peniten-
tisry.
Hobart H. Named.
The first appointment by the governor
uBder a bill PASSED by the present legisla-
turo was announced Friday night by Gov
ernor Aldrich He has designated r. W.
Hobart OF Mitchell to be Judge OF the new
seventeenth district. comprising Scott 8
Bluff Hammer, Morrill, and Garden counties.
Mr.. Hobart Is at present county attorney
at Scots Bluff.
Supreme Court "Opens.
The following opinions were filed:
Mccoy Against City OF Omaha On motion
for rehear1ng Motion overruled. Sedg'
Miller against Worth. Affirmed Rose, J.
Burke against Scheer. Reversed and re-
utanded with directions to overrule plain
tiffs demurrer. Fawcett. J.
Frederick against Ceiling. Reversed and
remanded. Sedgwick, J. Barnes and Faw
Cett. il, dissenting. Letton. j., not sit
Meyer against Perkins. Reversed ant
remanded. Root, ]. Letton, j., no sitting
Downey against Coykendall Affirmed
Barnes. ]. Reese, G. J., dissenting. Let
ton, j., not sitting.
Poleneske against Ennis. Affirmed. FNaw
Cstt, j.
tea. Affirmed. Reese, c. J.
T.amoreaux a Peterson against Phelan
Shirley a. Callahan Reversed and re
nrnnded- Letton. J. Fawcett J., not sit
MCGOWAN against Gate City Malt Com
pany. Cause remandeds to the district court
with directions 70 enter a deQree In all re-
spectB similar to thu one heretofore rem
dered, except that the amount thereof shall
ba for e6870S7 instead of $7,2S2.37. the sam,
20 bear interest from the date flied in thu
original decree towit. April - 1903, at
per cent per annum- Reese. G. ]. FSW
cett, J., not sitting.
Dawson against Land Affirmed Let
ton. J.
L aiming against Haasss. Reversed and
cancelling the title OF Defendant NewberTg
and foreclosing plaintiffs mortgage Reese
white against EAma. Affirmed. Root
J. Letton. j., concUrTtng separately. Reese
iS3so1 against Buck. Affirmed Barnes, J
Kemmeriing against State Affirmed
state Tee ex = rel city OF Crawford Agains
Bisping. Affirmed sedgwicE, J.
Following are rulings on motions fO'
rahsAring:
Mccoy against city OF Omaha ovsrT7llsd
Pennington County Bank against Baum
o'BEion against sohneids-. ovs-rulsd.