THE SUPREME COURT OF NEBRASKA
BY DALE P. STOUGH
On March 1, 1917, Governor Keith
Neville, and the Supreme Court of Nebraska, consisting of
Chief Justice Morrissey, Associate Justices Cornish, Dean,
Hamer, Letton, Rose, and Sedgwick, assembled in joint
convention with the legislature, and officially observed the
fiftieth anniversary of the admission of Nebraska to
twenty-four members. Seven of these are serving at the
present time. Six ex-justices of the court are still living,
and all actively practicing law in Nebraska (except one now
serving on board of control of state institutions), two in
Lincoln, one in Omaha, and one each in Seward and Columbus,
and the eleven deceased justices were all residents of
Nebraska at the time of their death, and, as yet, but one
judge has permanently removed to some other state after his
term of service as a member of Nebraska's Supreme Court.
ANDREW M. MORRISSEY
tice in the courts of Nebraska, several others practiced
less than one year in some other state before locating in
Nebraska, and only three of the twenty-four judges were past
thirty years of age when they came to this state.
Justices Norval, Reese, Sedgwick, Sullivan, Root, and
Aldrich. From Pennsylvania hailed Judges Gantt, Post, Rose,
and Hollenbeck; and from Ohio, Judges Harrison, Barnes, and
Hamer. Indiana furnished justices Cobb and Holcomb;
Wisconsin, Judge Fawcett; Iowa, Judge Cornish; and Missouri,
Judge Dean; while Judge Letton first saw the light among the
heathered hills of Scotland.
the liquor traffic for thirty-six years, or until the
adoption of the prohibition amendment in 1916.
by the governor as his successor, and was elected to
succeed himself in 1916, making the second chief justice to
be elected as a "nonpartisan." At the same election, three
associate justices were elected in the same way. Ex-Governor
Chester H. Aldrich was elected in November, 1918, and took
office in December to complete Judge Harmer's term.
CHARLES B. LETTON & WILLIAM B. ROSE
Hastings, dean of Nebraska University law college.
two of Nebraska's most eminent lawyers. Judge Crounse
delivered the opinion, dealing with the right of a tenant to
deny the relation and assail the landlord's title. The first
criminal case reported, 1 Neb., 11, 93 Am.
Dec., 325, was People v. Loughridge, relating to
the bringing into this state by a thief of property stolen
in another state.
FRANCIS G. HAMER & JAMES R. DEAN
lating a line of irrigation law on the other hand.
R. Co. v. Zernecke, 59 Neb., 689, 82 N.
W., 26, 7 Am. Neg. Rep., 447, 55 L. W. A.,
610, a statute was sustained which made carriers insurers of
the safety of their passengers as they were of baggage and
freight, and created a presumption that the accident was
caused by the negligence of the carrier or by its wrongful
act, neglect, or default. In that case proof was excluded
that the injury had occured (sic) to the passenger in a
wreck caused by a third person. The court sustained the
anti-pass law of 1907, in State v. Mon P. R. Co., 87
Neb., 29, 126 N. W., 859, 31 L. R. A.
(N. S.), 657, and prevented not only free fares but
special contracts furnishing transportation in exchange for
newspaper advertising and special services. A common carrier
of live stock is prevented from relieving itself of
liability for negligence by special contracts with the
shipper. Jeffries v. Chicago, B. & 0. R. Co., 88
Neb., 268, 129 N. W., 273. in State ex rel.
Webster v. Nebraska Teleph. Co., 17 Neb., 126, 52
Am. Rep., 404, 22 N. W., 237, it was held that
a telephone company is a public servant, and
ALBERT J. CORNISH & SAMUEL H. SEDGWICK
can be mandamused (sic) to supply the public without
discrimination. A statute fixing maximum charges by
telegraph companies was long preceded by a decision in
Western U. Telegr. Co. v. State, 86 Neb., 17,
124 N. W., 937, holding that telegraph companies are
subject to acts relating to the prevention of abuses,
extortions, and unjust discriminations by common carriers.
An act fixing maximum rates for express companies was upheld
in State v. Adams Exp. Co., 85 Neb., 25, 122
N. W., 691, 42 L. R. A. (N. S.), 396.
inclosure of gifts, premiums, and prizes in food
packages. This prevents the insertion of toys, tickets,
dishes, pictures, and advertising matter in crackerjack,
coffees, oatmeal, and other food articles. The Nebraska
court recently affirmed a large judgment for damages
resulting from a violation of the state antitrust law,
through a combination and conspiracy of coal dealers to
drive another dealer out of business. Marsh-Burke Co. v.
Yost, 98 Neb., 523, 153 N. W., 573.
Agricultural and live stock interests in Nebraska are,
safe-guarded with a pure-seed law which is unexcelled in any
state, and a law creating an administrative live-stock
sanitary board, and strict quarantine and serum laws. The
court sustained the validity of the law creating such a
board and designating its powers in Iams v. Mellor,
93 Neb., 438, 140 N. W., 784.
298, 7 L. R. A. (N. S.), 1079 (affirmed in 205
U. S., 34, 51 L. ed. 696, 27 Sup. Ct. Rep.,
419, 10 Ann. Cas., 525), wherein the court sustained
an act prohibiting the use of the national flag for
advertising purposes. In that case the flag was desecrated
by making it part of a trade mark placed upon beer