Omaha daily bee., 1912-05-14
Nebraska
COURT ACTS ON CREAM RULE
Supreme Tribunal Holds Food Of
ficials Exceeded Authority.
COUNTY MAY BUILD BRIDGES
Richardson Board Held to Have
Acted within Authority in De-
Gliding to Bay Materiai-No
Pardon for Hawkins,
CFrom a Staff Correspondent

CFrom a Staff Correspondent
LINCOLN, May IS-(Special Telegram)
According to the supreme court. which
handed down a number of opinions late
this afternoon. the state food commits
sioner exceeded his authority when he
made a rule that buyers of cream should
not pay for the same on the day Of pur-
chase. The regulation was made under
the law which provided that cream should
be sold under such regulations as the
commissioner should promulgate. The
court holds this provision is too broad
and gives the commissioner legislative
power. which the legislature had no rtSht
to delegate to that official. The regula-
ton was intended to obtain better test
ing OF cream. as it was held that In the
rush of receiving the tester would not
properly perform his work and II pay
ment was not made that day a sample
could be taken and the test made at
leisure.
N. Elan Of Richardson county was ar
rested. for violating III erule and dis
charged. the state appealing. The lower
court was sustained.
Guy A. Crook. who sought TO prevent
the county board of Richardson county
from buying material and constructing
its own bridges loses in the cupreme
court. The county board rejected bridge
bids. alleging there was a combine among
bidders and the prices were too high and
decided TO do its own bridge work. Crooks
sought to have the court compel the
county to readvertise and let contracts.
The lower court decided against him and
this verdict was sustained.
Henry Gering. the Plattsburg druggist
must try his case over again or lose the
81 Judgment he obtained for malicious
prosecution in the case against John NJ.
Leyda. Gering was arrested on charge
OF Illegal selling of liquor, was acquitted
and sued Leyda for malicious prosecution.
The lower court gave him verdict OF ~
dayages, which is reversed BY the su-
preme court on tn ground the evidence
was no tsufficlent TO connect the defend
ant with the prosecution OF Gering'
The supreme court says 1t is not kid
mapping TO elope with a l6-year-old girl
and marry her IL the girl Is willing. This
opinion was handed down in the case OF
Fred NJ. Fitzgerald. convicted OF that
charge in Hayes county. The case Is re-
.ersed and remanded with instructions to
dismiss. The evidence diseloses' the
court says, that the girl, Alice Barrett.
went away willingly. and there was no
effort 10 conceal the fact Of the marriage
and no criminal intent shown.
The governor has refused to grant a
pardon 10 Andrew Hawkins, sent up for
life from Frontier county for the murder
of Thomas Jensen in 1891. The pardon
board reported adversely on the petition
There was a largely signed remonstrance
against pardon, signed by people In From
tier county. Jensen. who was a wealthy
man. was killed while near stoekvilie at
tending TO business affairs. a son de-
yoted several months to the search for
his father after the disappearance and
finally found his body in well near the
Hawkins home, and on top OF the body
was a large amount OF manure which
Hawkins had placed there.
The case caused great excitement In
Frontier county at the time and public
feeling was intense.
Jerry aHnks. given a three-year sen
tence in Dawes county on charge OF as
saulting a girl. was granted eommuta-
ton to two and half years making his
term expire May 30
David Newell OF Thnrstno county, who
has served six months Of two-year
term for giving liquor to an Indian was
pardoncd.
Andrew Wilson, sent up for three years
from cass county on a charge Of breaking
and entering, was pardoned. He was in
generated July, 1910.
In the action brought by the citizens
Of Bethany for scent fare on the
Omaha, Lincoln & Beatrice lnteruoan,
the railway commission ruled adversely
and ordered that the company must carry
baggage free when accompanied by pas
sengers, must make special rate Tor
children and must sell the round trip
communication tickets on the trains in
stead of only at the company's office In
Lincoln, as now.