Omaha daily bee., 1912-03-01
COMMISSION DECISION SOON
Supreme Court Intimstes Will Give
Opinion Saturday.
Conner THOMAS WINS CASE
sapreme Court Affirms Juaxment
for Damages Given In district
rvibunaa--DeuRaas Cesnty
Jsagments Affirmed.


LINCOLN, Neb.. Feb. 1-tspeciall--
The supreme court handed down num-
Der OF opinions today. none OF then,
however. In case OF statewide Importance
The Omaha commission charter case was
not In the list though the conrt lntimated
decision In this matter might be ex-
pected pected saturday morning though
the written opinion in the case would not
be prepared at that time. the court simply
announcing lis findings.
The case which will attract the most
attention Is that OF Conner Thomas against
Peter W. Shear from Harlan county.
Thomas was a candidate for county at
torney. having received the endorsement
OF both parties. Shear. however, set out
to defeat him and in pursuance OF that
effort circulated an attack on the record
OF Thomas a. county attorney and also
attacked his standing as a lawyer. A
number OF cases were cited in which
II Is alleged the county had been worsfed
by reason OF the alleged neglect or In
competency Of Thomas. Two OF them were
actions regarding taxes and another was
the Lucas murder case. taken to Phelps
county on a change Of venue. The cenl-
ments in the circular put out By Shear
were decidedly pointed and the charges
OF a mosct serious character. Thomas
sued for libel and recovered a verdict
Of t,ooo In the lower court, which the
supreme court affirmx
Douglas Judgments Affirmed.
The case Of Edmund Hanss. from Doug
las county. in which he recovered dam
ages OF H,7so from the American Transfer
company and Fred Busch, for injuries
received. was affirmed.
Ida L. Haas against the Mutual Life
Insurance company is reversed for tha
second time and goes back TO Douglas
county for retrial. In the lower court
the plaintiff obtained a Judgment on In
surance policies.
The Farmers and Merchants Irrigation
company against s. J. Hill. from Dawson
county. Is affirmed. In this case the irri-
cation company sued for water rental and
upkesp expenses, and the court held IN
Its opinion that purchaser Of land from
an owner who holds a water right vita
an irrigation company and who takes a
plain warranty deed in which no mention
IL made Of the water right. and who re-
fuses to accept water. IL not held person
ally liable for the water right or main
tenance fund
Green Loses Land.
Barton l. Green Of Lincoln will not OBJ
tain q piece Of saline land In Lancaster
county for which he brought mandarnus
proceedings against Land Commissioner
Cowies. and in which the lower court or
dered deed to issue. The supreme court
reverses and dIsmisses the case. The land
in controversy had been under lease dur.
ing his lifetime TO william Robertson.
On his death neither his heir nor the ad-
ministrator knew anything about the lease
and permitted default in payment to the
state.
A registered letter containing notice Of
default was mailed to William Robertson.
Commissioner Cowles not knowing thar he
was dad The letter was receipted for
by a son Of the same name. who, not
knowing TO what the notice referred, neg
Iected to look after the matter. The Rob
ertson lease was therefore cancelled and
Green paid the lease money and claimed
the land. The administrator Of the Rob
ertson estate finally heard Of the matter
and brought the circumstances to the at
tention Of Land Commissioner Cowies,
who refused to approve the new lease to
Continued on Second PzEe1