Omaha daily bee., 1912-01-03
Supreme Court Takes
Up Docket After the
Holiday Vacation
OFrom a staff Correspondent)

LINCOLN, Jan 2-(SpecaD-The SUI
preme court reconvened after the holiday
recess today, Judge Hamer, the new
member who takes his place on the bench
this week. sitting with the other judges.
~. Connel attorney for Chief of
Police John j. Donahue of omaha APP
peared and presented argument for a
postponement Of the hearing on the report
of the referee, which was that the chief
be ousted. The court took the matter
under advisement and will pass on ii
before the date set for the hearing, which
is Thursday. 1t is indicated, however,
the court will grant time for the prepare
ton and filing of additional briefs, Mr..
Cornell to have his ready for filing
today, and the other side necessarily
desiring a reasonable time to reply.
Judge Reese did not sit with the court
in the hearing OF Lewis, administrator,
versus Barley for the reason that he
had al one time been in a case involving
some phases OF the pending litigation.
been on the supreme bench that the
judge has voluntarily asked to be re-
lleved for similar reasons
An appeal was filed in the supreme
court today i'm a case from Buffalo county
involving the respective rights to water
from the Platte river Of the Kearney
Water Power company, the Gothenburg
Power and Irrigation company, the Cozad
Canal and Irrigation company and the
Merchants Ditch company.
The verdict of the lower court con-
firmed the right Of the Gothenburg COM
pahy to use the water but decreed IL
must be returned to the river instead of
of being emptied into the Cozad dit7h,
the outlet of the latter being where it's
use of the water. according to the loEer
court, would deprive the Kearney COM
pany of water to which it had a prior
right. The Cozad and Merchants COM
pany appealed.
Following is the call for the supreme
court so far as arranged
For hearing Wednesday, January 3
1g12-Smith V. Mckay, Dawson; Roddy "
Missouri Pacific r. Co. Otoe; the Farm.
ers & Merchants Irrigation Co, V. Hill
Dawson; MCGEE V. Hungerford, Dawes
Kemplin " State, Garden
For hearing Thursday, January Estate
eN rel. thompson V. Donahue, Original
Western Bridge & Construction Co. V
County Of Cheyenne. Cheyenne; GirarC
! Trust co, V, Null, Lincoln; Holiday V
For hearing Friday. January 5-McDon
aid V. Brown Pawnee; Jones Nationa
| Bank V. Yates, Seward Bank of Staple
-
| Yates, Seward. alley V. Yates, Seward
| Srhe following "a proposed assignment
o leases for hearing at the session com
mencng Monday, January 10:
| Lucas V. Ashland Light, Mill & Powe
o.-tRe-argumenD, Saunders: Hoffman
] Y. Chicago IL n. w II. Cotton .noCol
for rehearlngl, Holt; Storz Brewing CO
v Hansen-(On motion for rehearngl
| ColfaX; Price V. Fouke, Lancaster; Loga
y Aabel, HaIlan;, Heinfe, Admr, '
Helm, Otoe; Mosslander V. Armstrong
Furnas; Allen V. Meetz. Pierce; state e
rel. Krittenbrink V. Withheld, Douglas
Ttlton-Phelps Furniture Co. V. Wiant
Franklin; Thomas V, Shea, Harlan; Rea
soner V. Yates, jefferson; Oleson " Ole
son. Madison; Mesner V. Hill. Buffalo
Lemley V. Gillett. Brown; sitter V. Boar
OF Supervisors of Custer County Custer
McShane V. Cannon, Douglas; McCrear
V. Furay, Douglas; Taylor V, Harverl
SCOTS Bluff; Tiger Button Land CO
Lancaster; State eX rel. kellogg V Bar
Dundy; Rockwell v. State, Richardson
state eX rel. city of Omaha V. Unio
]