Omaha daily bee., 1888-02-05
how THEY WANT IT BUILT.
The County Commissioners Declare
Themselves in Writing.
THAT RAILROAD TO YANkToN.
1t Must BE Stipulated Where the
Depot and Shops Are to BE LO.
Gated - Charley Need.
hams Case.
County Commissioners Meeting.

o'clock yesterday. afternoon with the expec-
tation of receiving a call from the represen-
tatives of the Omaha, Yankton 4 Northwest
ern railroad in reference to the proposition
submitted by the board some days ago for the
voting of $500, 900 in county bonds to aid the
enterprise. But no one came, and at that
hour Chairman O'Keefe called the board to
order and the members settled down to the
transaction of routine business.
The claims of j. G. Whpple for building a
bridge and extra work. s535, A. +. Edison
and p. II. Sullivan 81. 50 each, and j. NJ Sim
eral s34 and John II. Butler S295O for SER
vices as appraisers were allowed.
The following from the county attorney
was referred to the judiciary committee:
To the County Commissioners of Douglas
County: My opinion being desired lby your
honorable body as TO the right of ex-County
Clerk Needham to retain the sum of 81, ,043.S0
for rewriting the numerical index out of the
fees by him collected is respectfully submit
ted as follows:
Section ~, page 437, compiled statutes,
provides that the county clerk whose fees
exceed in the aggregate the sum Of $500,
shall pay into the county treasury the excess
Section ~ of the same act provides as fol-
lows: County clerks for compiling the
transfers from the records of their Office
shall receive for each transfer the sum of Is
cents or such other sum not exceeding 10
cents, as the county commissioners ana the
county clerk may agree upon to be paid by
the county.
The supreme court of Nebraska in the
State VS. Rain, IL Nebraska, 6Sl, holds that
section AZ Is an original act in itself and not
an amendment to the chapter regulating
fees. 1t will also be noticed that section AZ
provides that certain county officers shall
account for fees received by them for the
performance of certain duties provided by
law. The language used in section Al con-
templates a contract between the county
clerk and the commissioners for transfer
from the records to the numerical index.
The object of this section was
undoubtedly to provide for the compiling of
an original set of numerical indexes. This
county was in possession of set of numer-
ical indexes. The county commissioners
realizing the fact that they were incomplete
and inaccurate, passed "a resolution in the
nature of contract lnstructing the county
clerk to reWrite and correct the index do
not question the power of the board to make
such contract Cf necessity reqired.) BY
the terms of this contract the county agreed
to pay cents per line L am of the opinion
that this cannot be considered in the nature
of fees for the law specially enumerates what
fees the county clerk shall receive and what
those fees are for. 1t is therefore necessary
for You to pay Mr.. Needham for the work
done under his contract provided he has full
filled the same.
Another question may arise in this con-
resolution or instruction requiring him to
perform the services, and as such he is not
required to guarantee or be responsible for
the correctness and accuracy OF the work
contract and he is responsible
for any mistakes The resolution
reads that he is to rcwrite and correct errors.
He must therefore fulfill his part of the con-
tract TO your satisfaction and any expense
you may be occasloned by his mistake or neg
| leCt is DrOpcrly chargaOle to him,
You should require of him full statement
OF the work done under the contract, and If
| it appears that he is not entitled to the
amount claimed or has not fulfilled the con-
| tract he would be liable on his official bond
| for all moneys retained by him in excess of
| the actual amount due him for the work less
| the cost of the county for correcting his
work. Yours truly, r.. w. SlMERAL,
County Attorney.
The protest of the Omaha, Yankton s.
| Northwestern railroad heretofore printed in
| the BEE was read and placed on file
The Van Dorm iron works, of Cleveland, o.,
requested to be numbered among the bidders
| for making the intended improvements on
the county Jail.
| The official bonds of Charles Teitz, road
supervisor, and Paul F.. Stem, constable,
! were approved. A bond furnished ID. Fitz-
| patrick to secure a lost Douglas county war
| rant was referred
| The appended from the county clerk was
| referred to the committee on judiciary.
To the Honorable Board of County Commits
sioners-Gsntemen l respectfully re-
| quest that you allow the salary of my dep
uty out of the general fund for services on
tax list and assessment books. Respectfully,
NJ d. ROCHE.
The following resolution offered by Mr.
O'Keeffe was read. Mr. Corrigan moved as an
amendment that that portion of the resolution
relating to the shops and depot read lone and
| onc-haf mile from the United States build
| ing" Later he withdrew his amendment,
| and hn pnsn Int ~ Ixvng rnfn tn IN com
| mittec OF the whole to report back at o'clock
| Monday afternoon:
| Resolved, That the following proposition
to vote bonds to the Omaha, YanKton &
| Northwestern. to aid in the construction of a
| line of railroad, be submitted to the electors
| of Douglas county as hereinafter provided,
| provided, however, that the said Omaha,
| Yankton 81 Northwestern railway accept the
| terms of the proposition within ten days from
this date. And if the proposition is accepted
| by said railway company, then Immediately
shall be called as by law in
proposition be submitted to the electors of
| said county. And be it further
| Resolved, That if the said Omaha, Yank-
ton Il Northwestern railway fail to accept
said proposition within ten days; then the
said proposition shall be and remain until
further order of the board, open to any and
all parties to accept the same, and immedi-
| atcly upon the acceptance of said proposition
| by responsible parties an election shall be
called and the said proposition shall be sub
mttcd to the electors of said county to vote
aid in the sum of S.SO0.0O0 to the parties thus
accepting the proposition and said parties
first accepting said proposition shall be the
parties in whose favor it shall be submitted
to the electors, that is 10 say: Proposition
for railroad bonds IN the sum of $500, 900 to
aid in tho construction of the Omaha, Yank-
ton SS Northwestern railway and to provide d
tax in payment thereof.
| Resolved, That by virtue of the authority
in us vested by the laws Of the state OF
! Nebraska i'll that behalf provided,
a special election be held in
the county of Douglas in the
state of Nebraska. on the --th day of -
1855, for the purpose Of submitting to the
legal voters of said county the following
| proposition, to-wit:
Shall the bonds of the county of Douglas
in the state of Nebraska, to the amount OF
$500, 900 be issued to aid in the construction
of the Omaha, Sankton X Northwestern rail
| way on the following terms and conditions
| that is to say:
| Said bonds to be made payable twenty
, Years after the date thereof, but redeemablt
after - years at the option of said county
as provided by law to draw interest at tn,
| rate of per cont per annum, payable semi
| annually with interest coupons attached th'
said bonds to be executed, issued and de
| livered TO the said railway company imme
| diately upon the completion of the construc