THK HKK: OMAHA. SATURDAY. DKOKMKKU '2 VMo.
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MUNICIPAL COURT
UPHELD BY REDICK
kMudge Decidei Court it Constitu
tional and Appointment of
Judges by Governor Valid.
JUSTICE SHOPS LOSE OUT
Omaha's new municipal court was
upheld as constitutional and the ap
pointment by Governor Morehead of
A. H. Murdock, Richard L. Hunter
and Robert Patrick as its first Judges
was held to be ralid by District Judge
Redlck In an opinion in court yester
day. The Jurt expect t" secure qunrtorg
tn the city hall or court house and to
btffln holding court es soon an praotlc
able, they nald. They will have Jurisdic
tion of lawaulta In which amounts up to
11.000 are Involved. The law creating th
new court waa passed by the legislature
for the purpose of providing a substitute
for Juatlcea of the peace as ''the poor
man's court." At the expiration of their
present terms. Justices f tho peace, with
the exceptions of one, will go out of
existence.
Quo warranto proceeding, brought In
the nsine of County Attorney Mhm by
attorneys hired by local justices or the
prace. were Instituted in an attempt to
ouat the newlv appointed mum-lDal
juJges. The Issues raised by the relators
were disposed of by Judge hediek. as
follows.
Held Tsrasrr F.xUted.
Held that a vacancy existed Immedi
ately upon the taking effect of the law
creating the municipal court, namely
July 1. last, notwithstanding that new
Judges will be elected at the next elec
tion. Held that the governor had the power
to make the appointments, arising from
his general powers conferred by law. In
'the absence of any prohibition of such
action In the constitution or statutes.
Held that the law, rtaeir. ts valid with
relation to the following points:
The act Is not broader than Its title.
It la not an amendatory act In such a
sense as would require mention of other
laws.
Municipal courts are of a different, M
than Justice courts and consequently
difference In procedure and disposition
of witness fees are Immaterial.
Although no change of venie m pro
vided, none ts required by the constitu
tion. ,
Frovlslona for appeal and fr trll l.y
Jury are covered by the laws govern
ing procedure In Justice court, which !rc
made applicable to municipal courts.
Appeal powers superior to Justice courts
and county co.nts not conferred on the
new court by tue law establishing It.
If the act purports to confer Jurisdic
tion upn the Judges rather than upon
the court. itclf. It Is the duty t.f the
trial Ju.lge to construe ttie act eo ns to
make It. vaiM. the Jurlsdlctl n referred to
belonging to the court and not to the
Judges
In Special Legislation.
The rt Is not specral legislation.
On this last point Judtr llodlck said:
"So fsr ss the classification may enter
Into the problem, the cla.-ifl ail m of
cities has been so fton approved ty the
supreme court of this state that It Is to-
late to speculate upon It.
"The question, however, recurs
whether or not the act Is Invalid for the
reason that It creates a municipal court
for cities of the metropolitan class and
those of the first class having over i.".mn
and less than 4,0m Inhabitants, and
emits from Its provisions clllea of the
first class, (which are all cities hivl g
over 40.W and less than 100,0 0 popu a
Hon), and la an unreasonable classifica
tion, making the Icdsla'lon spec a 1. It Is
somewhat dlff cult to fathom the rca
s ns of the legislature for establishing
a municipal court for the city of Omaha
and one for the city of South Omaha and
(ailing to provide for euch a court In tho
city of Lincoln, and 1 shall not attempt
a solution of this problem, as I do not
deem It nee. ssary. I think It may be
conceded that the legislature may select
In Ita discretion, thoee classes which are
tn be Included In the pi on lei ns of the act,
Mnd i.ni It cn lo afflrtnat vely as
sorted that the aotin of the legislature la
absolutely w thout logical support, the
courts may not Interefere with sirh discretion."
HAL BUCKINGHAM COMES
TO 0MAHAJ0R HOLIDAYS
Hal Huok Ingham, formerly chief clerk
In the Turlington's Omaha freight de
partment, hut now president, general
nanager. superintendent and general
passenger agent of the tt. Tamallpals A
Mnlr Woods Railroad company. the
crookedest railroad In the world. Is in
the city for the holidays, Mr. Buck
ingham and his railroad are located In
California, the latter extending from
Pan Francisco to the top of a mountain
twenty-five miles away.
ASKS JUDGE FOR THIRTY
DAYS AS XMAS PRESENT
"Io yem want to rive me a Christ
mas present. Judge?" asked John Ham
bert, aged RS years, of Minneapolis. "Then
end me to the oounty Jail for thirty
daya." Hambert was arraigned on a
charge of drunkenness and was in such a
pitiable condition of nerves as the result
of his Indulgence that the Judge granted
his request, "I thank you. sir." said John,
"and a Merry Christmas to you," he con
tinued as he paused at the bull-pen door.
CHILDREN ADY1SED
HOT TO CONGREGATE
Health Commissioner Issues Warn
iny to Prevent Spread of Con
tagious Diseases.
MA1TY HOMES QUARANTINED
Health Commissioner Conncll re
luctantly announced that on account
of the scarlet (ever situation be
would advise parents to keep their
children away from alt gatherings,
particularly where other children at
tend. "The scarlet fever situation In
Omaha today in worse than at any
time since I have been health com
missioner, which hag been nearly ten
years," seriously said the commis
sioner. Fifty homes are under quarantine,
with a total of more than seventy-five
patlenta In these places; also forty-five
scarlet fewer patients at the City Emer
gency hospital on Douglas street.
The scarlet fever oases are scattered
over the city. Health officers are en
forcing quarantine regulations In a strict
manner and the health commissioner
urges pbysUJana to report without delay
all rases under their ebeerretloa.
A few weeks sro a serious outbreak of
ac&rlet fever u noted in the Central
Park school district arid for a while the
health commissioner believed the situa
tion waa well under control, but this
week an Increase of cases prompted Lt.
Connell to Increase Ma effort.
It la not believed that this will inter
fere with the reopinlng of sohool on
January . unless the situation arrows
worse. The health commissioner believes
that with the children In school frequent
examinations will result in dstectlna
symptons quicker than if the children
were kept at home or allowed to run
around.
HIGHWAYMAN HOLDS UP
DOWN TOWN DRUG STORE
A lone bandit entered Merrltfe phar
macy at Twentieth and "ernam streets.
In the early morning, and at the point of
a revolver forced the clerk. William
Haokett, to deliver S from the cash reg
ister under the threat of death. "The
klda will have a Chrlstmaa this year, or
I'll know the reason why," muttered the
thief In true story book style, as he
backed from the door and ran north on
Twentieth afreet. Haokett was alone tn
the drug store at the time.
Former Omaha
Woman is Dead
at New York City
Word has been received announcing" the
death of Mrs. f. ft. Curtis In New Terk
city Friday morning-. The Curtis family
formerly lived In Omaha and arter mov
ing to New Tork often returned to visit
their many friends here, beaides looking
after business Interests.
Tie Ciirtlses hsd Just returned te New
York from Omaha several weeks age.
Colonel curtle had been In Omaha at
the Hotel Loyal end was suddenly taken
seriously ill, to thst Mrs. Curtis and the
two daughters. Miss Lynn Curtis and Mrs.
Dlmcn Bird, hurried from New Tork trt
his bedside. Mr. Curtis Improved rapidly,
however, and the family returned to New
York, taking up their residence at the
Hotel Van Renssslaer.
The Immediate causa of Mrs. Curtis'
death was a breaking down following- an
attack of the grip.
NEWSIES FAST FOP FEED
GIVEN BY GEORGE BRANDOS
Three hundred newsboys will enjoy a
bl7 Christmas feest at Hotel Home Sat
urday evening at S o'clock. Mogy Bern
stein le master of arrangements for the
dinner, which Is annually donated to the
lads by George Prandels.
-wais- 'i IXV T7N.Ul. T7fs.U waJlVT T?Vr-.V "Jfrj v X. lT V JTUTi Vv jC V "S. Jl jm I jCS Lfc vt X VT a."VV 1
iJiilJK
MAS
; 1
r4r The ANa
Mitchell Motor Co.
m "The Six of Sixteen"
TOlm Wishes ererybody a
Xmas Greetings
From the
Hudson Car
V
GUY L. SMITH
"Serrice First"
2561-3-5 Farnam Street
Omaha, Neb.
A Merry Christmas
and
A Happy New Year
To All Our Friends
and Patrons
Mickel's
Nebraska Cycle Co.
. 15th and Harney
I
The
KV2AIDS
MIDNIGHT
SHOW at The
GAYETY
NEW YEAR'S EVE.
Dee. 31 at 11:30
SEATS NOW
We With to
ngrave on
Your Mind
Oar Best Wishes for
A Merry Christmas
Bee Engraving Dept.
Bee Bidg.
Omaha, Neb.
and Patrons
I? Dental Pgxlora
YAFFE
Rush Printer
Wishes You
A Merry Christmas
and
A Happy New Year
512 So. 16th St
Phne DoagUi 770
We Wish You ft
Merry
and
Healthful
Christmas
But if you
Need Medicine
we can supply it,
even today, with
our accustomed
promptitude.
Sherman & f,!c
Gonnell Drug Go.
4 Prescription A
Stores H
We Wish You
UNBOUNDED
Joy and Happiness
All Day Long
Apperson Motor Co.
JOE ROBERTS, Mgr.
2417 Farnam Street
e.
We Congratulate
Ourselves on having
so many friends
and patrons la
Omaha and want to
wish each
A Merry
Christmas and
Prosp eroui
New Year.
McKenney
DENTIST
Hth and Karri m.
Itione Iuiik. SM72.
The Orpheam, wishes all patrons and friends a Merry Xmas and a Happy New Year
((h0PS;S NEXT WEEK
Starting Sun. HaL, Dec. 26
Tho Coming Attraction of tho Thoator Soason
May Tully's Mew York Fashion Show
WITH
Mablo Hamilton and Twenty Stunning Models.
COIT ALBERT10JI md BEAD B88MUEI
Kvrry tiling deelgnnd by Uir aupreme rmUure of H'omeai's Ftnvrjt LurtU (Tidr Iaf1 Oordon), Iledfoni, O'SullI
van. 1'alernaa, lknwlt-Tellt'r, Joejrph. lik-kson, .niNrrromhle tltch, Oeo IW-nard. raieon Manrir. Estelle Men ho n,
Harr7 COJUne, I)e Pinna, Nardl, lWo Ileniard, J. M. iddin M CKx, Monte Haao Verfro, end Jean, and displayed In
a magnificent sHtinK of superb splendor. SF.ATS NOW 8KIIJVO.
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