Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-10-31
NEBRASKA CASES DECIDED
Supreme Court Rules that Former
Opinion in Madison Case
is Good.
BOONE COUNTY CASE SETTLED
trrom a staff correspondent.l

CFrom q Staff Correspondent.)
LINCOLN. Oct. SO.--CSpecial.) 1.-THE s,i-
preme court has decided that former
opinion rendered by It In the Madison
county commissioner case was correct
In that opinion the holding OF the Madi-
son county district court was reversed.
The case was one In which commits
sioner had been elected In 1906. 1908 and
1911. Tho statutes and some court
opinions were In confusion and the Of
ficers and people OF Madison county
considered that the term Of office OF
commissioner in counties not under
town organization and having three
commissioners was three years. At that
time the law provided that q county
commissioned should be elected annually
for three years.
The high court holds that this law
should be disregarded because the law
now calls for four-year term.
Failure 60 Give Notice.
The fact that there was failure 20
give the statutory notice OF election of
county commissioner will not Of itself
invalidate the election. But II II ap-
pears that such failure has prevented
the election generally from voting upon
a question, It cannot be held that their
has been an election npon that question.
Will Hold Job In Boone.
A J. Tisthammer, elected as county
commissioner Of Boone county In 1914,
will hold that office for four years,
according to an opinion OF the supreme
court which holds;
by the act Of 1913 II IL provided that
In counties having three commissioner,
two shall DO elected IN 1914 for a term
OF four years and one in 1915 FOR q term
OF four years The said act was a
legislative construction OF former con-
flicting statutes. and establishes that
subsequent to the act OF 1906 and the
amendment OF the constitution no valid
election could be held in such counties
In the ODD nubered years
The action u one brought In the dis
trict court OF Boone county by I. H.
Delarm. to restrain the county clerk from
issuing q certificate Of election 70 list
hammer. who had been elected at the
November election The relator, who was
filling an unexpired term. brought suit
to restrain Testhammer from taking Of
flee. and the district court denied his
application. The high court sus1ains the
action Of the lower court.
Douglas Case Reversed.
In an oplnoin written BY Chief Justice
Morrissey Of the supreme court. the jlidg-
ment OF the Douglas county district court
IL reversed In = case. where 8. J. Coff-
man attempted TO force his partner. Matt
Malone, to buy out his partnership In a
commission business in South Omaha.
The district court found for Hoffman.
but the higher court rsverses the lower
court and sends the case back for . re-
trial.
Malone claimed that the contract made
between cOffman and himself. was for no
other purpose than to influence Amos
Snyder. the third partner to sell out
his interest in the business for tl.6oO.
which was successful The question then
came up as to the disposition OF the
Snyder stock and In the settlement Ma
lone refused to take the check OF Coff-
man and demanded cash. The latter
than insisted that Malone buy his stock
and over this controversy the suit wss
brought