Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1914-10-17
Nebraska
GRAIN CHANGE GAMBLING
Supreme Court Decides Transactions
on Board of Trade Unlawful.
RULING IN SUNDERLAND CASE
Decision Also Given that Riaht 70
sign Recall Petition Has Been
Legally Regulated ny the
Legislatures.
tFrom a staff correstondent1


LINCOLN, oct, 1s.-'Srccial) -Op.nions
handed down by the supreme court today
indicate in one case that the same rights
which are given voter at an election
do not exist in the case Of recall of an
elected official. Transactions on the
board of trade are held unlawful and
the courts have no authority TO step in
and assist either party.
An action by an agent against a prin-
cipal to recover for alleged commissions
and money advanced for the principal
in transactions involving alleged pur.
, Chases of grain on the Chicago board of
trade for future delivery. according to the
court depends whether the intention was
that the principal should become the
actual buyer of grain through the agency
Of the commission merchants or whether
it was expressly or implicitly agreed to
act as the principals agents in gambling
purchases of grain which the principal
had no intention of receiving.
The case comes from an appeal from
the district court of Douglas county
Sunderland & Saunders, who sought TO
recover $5,59S75 Srom Frank b. Hubbard.
alleged to be due them for TRANSACTIONS
on the Chicago board of trade through
Hibbard who was made defendant
Defendant put up as his defense that
the transactions were based on the fltic-
tuations of the market and were purely
fictitious and gambling transactions in
violation of law and contrary to public
policy and therefore could not be col
lected upon by law
The district court held against the
plaintiffs and the~suprcme court affirms
the action, saying: I'm such case the
courts of the state will not aid either
party to the transaction"
Contract for Land Holds,
y contract made by a corporation for
mally executed in its name by its pres
idcnt will, in the absence Of proof to the
contrary, be assumed to have been au-
thorised by the corporation and the con.
tract made by a. b. St!ckney, president
of the Mason City & Fort Dodge Rail-
way company. as its president, for the
sale OF tract of land TO the Omaha
Wool 4 Storage company, on which Il
erected a Warehouse. stands, and the
Judgment CT the Douglas county, district
court is therefore affirmed.
Lighter.
The Judgment OF the Lancaster county
district court is modified by the supreme
court in the application of John Hudson
sentenced to the penitentiary for seven
years for assault upon the person OF
Anna Weise a H-year-od girl The testi
mony given by witnesses alleged that be.
sides the criminal acts of the defondant
no had received money from other partle!
in connection with other acts OF a Xix,
nature. The supreme court holds thai
on account OF the age OF the dofcnda {
who was q years old at the tine of tn,
trial, that the sentence Of seven year!
was excessive and modfies it to thre,
years.
King May Hold Place.
o, ]. King, city commiss. oner of Lin
coin, can retain his office to the end o
the term for which he was elected, tn
supreme court holding that a recall peti
tton filed by citizens of Lincoln and re
jected by City Clerk Thomas II, Berg di
not contain sufficient number of sigma
lures of legal voters. The city clerk re
Jected all name9 on the recall pctltlo
which did not appear on the regular vot
ers' register. The court holds that Will
a mans right TO vote is not taken ava
by, his failure to register, the right /
sign a recall petition is different from tn
voting privilege.
Evidence of Death.
Bridget Mclaughlin Of Holt county ca
recover from the Woodmen Of the Worl
the sum of 1900, insurance carried b
James w. Mclaughlin. her son. and c
which she was made the beneficiary
case of DEATH There is no direct ev
dence that the young man Is dead. br
1t is held by courts that seven year
absence without tidings may be taken q
evidence of death. The lower court hel
that the evidence introduced in the cas-
of Mclaughlin was sufficient to indica
his death and a judgment was rendere
for the amount, and the supreme cou
holds likewise.