Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1886-10-27


Tor 1t IN coon skins or deprecated
scrip? Can State afford to have
code of right and justice, because she
is sovereign, different from that of an
individual? l think not every man
and woman who loves fair play says
not.
The case came up for hearing.
otout's attorneys moved reference.
acquiesced, and suggested the name
of Hon. Paran England, of Lincoln,
the candidate of the Democratic party
the year before, and not friendly to
Stout. After some delay, Mr.. Eng
land gave judgment against the State
for $4,000 or $4,000. We appealed
to the District Court, and the iudg-
ment was there reduced to $34, 695.23
Judge Pound was the Judge, is now
the Judge of that district, and has
been for over II years. Was he cor
rupt in his judgment Even Mrs.
Ruick would not be safe in Lincoln
were she to insinuate such thing.
Lamb, Billingsley & Lambertson
were hired by me, and assisted me in
the trial before the referee and the
District Court, as the records of the
Executive will show. They approved
of the waiver at the time, as did the
Governor, but afterwards weakened,
as did the Governor, under adverse
newspaper criticism.
The Supreme Court reversed the
findings of the District Court, upon
technical points, and l quote the words
of the decision-a decision affecting
the mode of procedure, and not the
merits of the controversy. l quote
the gist of the decision:
"That the District Court can acquire
jurisdiction in actions on claims
against the State only by appeal from
the decision of the Auditor of Public
Accounts and Secretary of State"
Did the Supreme Court render a
decision on the merits of this case?
Did they decide whether Stout was
entitled to recover the difference be-
tween warrants and cash? Did that
Court decide that controversy sac
cording to justice and right, as upon
the amioable settlement of a contro-
versy?"-as the act referred to re-
quired? | say they did not. They
decided the case upon bubble and
technicality, and did not have the
manhood to decide that case, or any
other case on which there was di-
vision of public sentiment, according
to justice and right. | had the salts,
faction of helping to defeat for re.
nomination every one of the Justices
Of the Supreme Court when their TURF
came round.
never changed my opinion on thi,
matter. l believed was right then
now know | was right. In my last
report to the Legislature l use the
following language. The report Wa,
printed and | have several left:
"Many of tue cases from Lancaster
county were for supplies furnished tc
the various State institutions before
the present Board of Public Land.
and Buildings assumed charge O
them, and after the appropriation.
made by the Legislature for thei
maintenance had been exhausted
These supplies were purchased upor
the credit of the State by the properl,
designated purchasing officers; were
certified to by them as necessary
were approved by the officers desig
mated by law to approve them, ant
were reported by the Auditor as no
paid for want of funds. Believin!
from a careful and critical examina
ton of the act above referred to 1975
that it's entire aim and object was t.
have judicial Interpretation and con
clusion upon matters of fact and lay
upon these claims as matter of in
formation for the Legislature--it be
ing universally admitted then as nov
that no warrant could be drawn upo
the treasury for their payment unit
the whole matter had been passe,
upon by the Legislature, and an az
preparation made therefor in eac
case, and that the duty of the la
officer of the State was fully pei
formed by compelling the plaintiffs
prove their claims"
THIS view, expressed to the Legi'
lature, is now the accepted law Of tn
case, and | had the satisfaction {
seeing all these claims paid in flu!
except Stout's, and his was paid
part by the Legislature of 10,
whom my report was addressed.
l have been indicated and honore
time and time again by the people I
Nebraska, to whose'judgment l hav
appealed, and by whom | have bee
indorsed. I do not believe there is
single Democrat or Republican in tt
State, but who would indorse n
ability aud integrity.
l never charged the State for Sc
vice not rendered.
never compounded felony f
gain and money reward.
: never embezzled and convertt
t money to my own use, that came in
g nv hands as lawyer.
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