Omaha daily bee., 1885-08-19
A Case Of Great Importance 10 LaTCaS-
tGl'S f8X-PaYGTS,
Candidates for County Offices
Bobbing Up Serenely.
Kev. Nick n Departure Monday
Nights Concert-The Military
Company-Uapltal Brevities.
AT THE CAPITAL.


Board OF County Commissioners of Ian
caster County has been filed, and th
case will probably be argued next weel
before the supreme court. This is cas-
of a good deal of Interest to the tax
payers of Lancaster county, and, in fact
to the people of the whole state. Ii
their decision the supreme court mus
determine largely tho scope and power o
boards of county commissioners through
out the state. Although brief mention
has been made heretofore of this case ir
the columns OF tho BFE, 1t Is q
sufficient interest and Importance
to Lour people here to warrant
more extended notice than 1t has hereto
fore received. It would take page o.
the BEE to enter fully into this case, bu'
It may be eumnarlz I'd as follows: May "a
1869, the electors o. :nis county voted tc
Issue to the Burlington & Missouri River
Railroad Company Ia Nebraska, county
bonds In the sum of $50, 900 to aid the
construction of its road from the Missouri
river to Lincoln, in said county, aud by
their terms they were made payable TO
said company or bearer on or before the
expiration of twenty years from date,
with interest ct ten per centum per
annum, payable annually. Said bonds
were igsued by the county, and dated
July 1st, 1870, payable on or bafoSe
twenty years from date.
October "a, 1870, bonds in the sum OF
$780, 900 were issued to the Midland Pa.
cifc railway company, with the same
general provisions as those Issued to the
Burlington 81 Missouri as above specified,
excepting they were payable on or before
twenty. five years from May l, 1871.
November %, 1871 another issue in
the further sum of 100000 was made
to the Midland Pacific railway company,
with the same provls!onB as above, ex-
cepting they were payable in thirty
years.
The redeemsble character of these
bonds, Mr.. Webster claims, had been lost
up of the b md register, and was unknown
to any of the county officers or to the
relator. Mr.. Webster further says that
In 1879 Lancaster county foated seven per
centum interest bearing bonds, and dur
ing and after 1880 the county could have
refunded Its railroad bonds at six per
centhsd their redeemability been known.
Further the relator says, in the month
of December, 1883, he began an investl-
CATION into the history of the bond
debt OF tho county, and ascsrtsined that
the bonds were payable on or before
their respective dates of absolute matur-
Ity, while the bond register indicated that
the bonds were not redeemAble, bat were
payable OF absolute periods.
In February, 1884, Webster entered
Into contract wish the board of county
commissioners, by which he was to un-
deriake to effect the surrender of such
bonds at par, and to fund the same at
lower rate of interest without any cost to
the county, in cise he was unsuccessful,
and for compensation he was to receive
such premium as the six per cent bonds as
refunded might bring. At this time
there was outstanding of such bonds
$267 900. By bis services Mr.. Webster
claims he effected reduction of the In
terest CHARGE for the year commencing
May 1st, 1884, of SIG 600, and a total
saving OF interest to be paid upon the
said three series of bonds during the un-
expired portions of their supposed and
apparent term, sto run az follows:
b. 81 NJ. series, So, 100;. first series Mid
land bonds, May 1st, 1884, to NAV 1st,
1896, $4,000; second ssries Midland
bonds, even If valued, May 1st, 1884, to
Jan. 1,t, 1908, $74, ,666; or a total sum of
$l4S,7G6
In April 1884 an action was brought by
q taxpayer to restrain the county COM
m's,ionerS from complying with thtu
contract, and by an agreement
with Webster and the com
missioners the contract WAS snnulIed.
Now comes Webster and claims ON
quantum meruh $l4, 1865 for nervlces
rendered, and ask, the supreme court to
Issue writ of mapdamus compelling the
county clerk to draw warrant on the
county treasurer for the amount, and II
no furd exists from which the claim can
be paid, that the county commissioners
be compelled to make levy
for payment of the same
The respondents, in their brief, deny the
right and power OF the board of county
commissioners to enter into such con.
tract. The decision of this case, as we
before said, involves great deal of law,
and should it be decided In favor of
Webster, opsns a Wide field of new
power to boards of county commissioners,
which now are considered as only quas,
corporations, clothed with only such
powers as they directly derive from the
legislature, and arc strictly confined TO
them by both the CON mon and statute
law.
COUNTY POLITICS
are beginning to loom up and the candi
dates are seeing their friends with fire.
quency heretofore unknown. The fight
at the primaries will probably be the hot
test this county has ever known, In
every ward there are number CT alstes,
some of which, of course, arsIbound to be
broken, but not without bitter fight.
The fight IL on the treasurer, all other
offices seeming to bs Lost sight of. 1t is
impossible to rsy who Is In the lead, If
indeed, nybody Is. The candidates are
Helmsr, Roka, Griffith and Burnham,
and, at the present outlook, ono If the
the above named will be the n, xs county
treasurer, thsrs being no dark horse
talked of.
For county judge there are four csndi-
dates, N. C.s-Abbott, @, Nj. Parsons,
Willard Stewart, and the present incum-
bent, who has served two terms, @. M.
Parker. Abbott seems to bs in the lead,
and his nomination would give very gen