Omaha daily bee., 1912-01-05
DONAHUE CASE TO COURT
Supreme Judges Listen to Argu-
ments in Omaha Custer Suit.
LEGAL KNOWLEDGE OF OFFICER
Contention of Defense II that Omaha
CHIEF Was Not Obligated To DO
More Than Was Done in
His Duties.
CFrom a staff CorresnondentN

supreme court today by Deputy Attorney
General Ayers and Special Deputy Mullen
in behalf Of sustaining the referees re-
port and w. J. Conneu in behalf of Chief
Dunahue
Mr.. Connell based his argument largely
on the contention that the things COM
planned of, even il proved or admitted.
were not sufficient to warrant the iudg-
ment of custer. In other words that the
duties of the chief. like those Of any
similar police office, were TO serve legal
processes, either personally or through his
subordinates, and to arrest violators OF
the law where knowledge of violation in
a legal sense came under his notice. That
the simple fact the law may have been
violated was not sufficient 10 render him
liable to custer.
The attorney for the state argued that
the present was time of moral uplift and
that the chief had failed 20 respond to
the desire for publication demanded by
the people back of the movement Mr..
Connell however objected to his client
being made a vicarlous sacrifice to a
sentiment, but rather that a broader
principle of justice demanded that the law
in his case as in all others, be construed
in the light of justice rather than senti-
ment.
The state argued that the defense
under the law and practice had no stand
ing and that due to the failure OF Mr.
Donahue to ask a rehearng within three
days after the filing of the referees re-
port the supreme court had no recourse
but TO approve the findings. The court
however, overruled this contention
The state cited the record TO show there
was persistent disregard of certain laws
in Omaha which it maintained the de-
fendant did not use due diligence to
prevent, Without admitting such viola
tion Mr.. Connell contended that now law
violation had been shown to have been
within the legal knowledge of Chief
Donahue and that on the contrary the
city had been as free from such violations
as it was within the power of his client
to bring about. The court took the case
under advisement.
Sends Out school Funds.
State Treasurer George is now sending
out the temporary school fund apportion-
ments to the various counties He is not
receiving much cash from the various
county treasurers at present, these Of
ficials being at present engaged with the
annual settlements with the county boards
or preparing the same. 1t is not antic- !
ipated much cash will be remitted to the
state unit these are completed and then |
the treasurers will send in all state
in their possession. By the end of
January at least this will put the treas
urer in shape to take up all the out
standing state warrants.
ManeuVer for Office.
There is said to be a nice little maneu-
yer at present being conducted in the |
Second regiment of the national guard. |
The present colonel, Mack, is not a
for reelection and Lieutenant |
Colonel Simmonds of Kearney and Major !
Clapp of st. Paul are candidates for
the place. Some considerable feeling is
said to underlie the contest.
Manuel Reports ON school.
Superintendent Manuel of the Boys |
school at Kearney reports that |
the school has raised during the last |
year 1000 bushels of corn, S2,661 worth of |
sugar beets, 5000 bushels of potatoes. He |
also reports that while on account of |
weather conditions tsat section Of the |
state produced little in the way of garden |
truck, the school raised a large amount, |
which was consumed by the school, by |
resorting to irrigation, the water being |
pumped at an expense of $3.50. which was |
small in comparison with the additional |
amount produced He also announces the |
school has adopted tn eplan of permitting |
inmates who make good records to have |
vacations to visit their homes, the vaca-
tions being from one to two weeks. The |
plan, he believes, has aided greatly in the
discipline of the school and not a single |
BOY has taken undue advantage Of the |
privilege granted.
The Board OF Public Lands and Build
ngs is preparing TO fit up a room in the
under those occupied by the
state Board of Agriculture for the newly
Lration of stations.
Old Portrait of Lincoln.
Commandant Hilliard of the Soldiers
home at Milford was exhibiting at the
state house an original daguerreotype of
Abraham Lincoln which has been in the
of his family since it was
aiken at Danville, H., in 1854. It was
given to his father by Lincoln.
Guye Defends Figures.
Louis v, Guye, deputy commissioner of
abor, has given out statement in reply
o certain criticisms OF his report which
,oint out alleged inaccuracies. Mr.. Guye
POINTS out that his report is compiled
rom figures furnished him by the county
Jerks, who in turn get them from the
assessors. Mr. Guye admits there may be
md probably are inaccuracies in these
eturns for which the assessors are re-
ponsible, but that they are not only the
most reliable, but also the only source
rom which such information Can be OBJ
aimed lie says that nobody would be
more pleased than himself TO have these
Inaccuracies eliminated, but that until
hey are he is compelled TO use them.
Dentists offices Robbed.
\ systematic raid by thieves was made
he latter part Of last week on dental
ffices and gold used for filling was the
oot sought. Seven offices were visited
IS follows D. i. Redfern, e. A. Hanna.
'. +. Ladd, +. l.. Hinman, r. i. North
up, Orin Lamb and Lee Withers. The
mounts taken run from Sl4 TO 800. There
S no trace Of the thieves.
n, j. Keens Must Pay.
Francis j. Keens, n wealthy Kearney
nan vino made a large subscription to the
und for the erection OF an Episcopallan