Omaha daily bee., 1896-11-20
SUBMIT THE BOUNTY CASE
Arguments Presented to Supreme Court at
Yesterdays Session.
CHURCHILL AMENDS HIS BRIEF SOME
Counsel for RcIntor IphOlds the
validity of the Nebraska statute
and Attorney General Points
out Its Weakness.
CHURCHILL AMENDS HIS BRIEF SOME

case heard Ey the supreme court TINS lhoIu-
ing was that Of the State Of Nebraska eN
rel the Norfolk Beet Sugar company against
Eugene Moore as state auditor. As outlined
In this mornings issue OF The Bee, the
action is one brought to test not only the
validity OF the bounty act but also the valid
ity of the warrants already issued In pay
ment OF large bounty claims of the Grand
Island and Norfolk manufactures. Attor-
ney General Churchill represented the state
auditor this morning, while the Beet Sugar
company was present in the persons of eX-
Senator Charles f. Manderson and w. S.
Summers. The arguments were rather
lengthy, counsel for the relator upholdng
the validity of the bounty act by numerous
citations from the statute books, while the
attorney general followed closely the line
laid down in his brief, published this morn
ing. The only changes made in the brief
was the following Interpretation attached
to sections 1 and 8 of chapter i, General
Laws. which was appended to the brief with
the leave of the court
The language of the first section Of the
act is: There shall be paid out OF the
state treasury to any person. When?
The statute does not say; but the constitu-
ton does say: mo money shall be drawn
from the treasury except in pursuance
of specific appropriation made by law"
And it is then and only then, that: There
shall be paid out of the state treasury
to any person the tive-eighths of l cent
sugar @ ESQ SO manufactured." This iiSes the
time. but until such appropriation Is made
no time is fixed, and it is not specific.
Now as to section s. The language is:
when any claim arising under this act
is filed, verified and approved by the sec
retary of state as herein provided he shall
certify the same to the auditor of state"
That Is. when claim is filed the secre-
tary of state shall certify. 1t is not that
the auditor shall then issue n warrant;
but 1t Is who shall draw a warrant
When? Whenever there is n specific APP
preparation therefor; not before. There is
no other construction which can be put
upon these SECTIONS without their being in
conflict with the constitution: but thus
construed it may be that the act is not
void This action, however, Will not lie
until the legislature shall have made the
specific appropriation for the payment of
such claims.
The case was submitted upon the conclu-
sion of the arguments.
REQUISITIoN FOR ELLIOTT.
Governor Holcomb today granted a requisi-
tion for George Elliott, wanted in Omaha
for the murder Of Gay HutsOnpiler, on re-
quest of County Attorney Baldrge of Doug
las county.
1t now appears that George Washington
Davis will not doff his stripes for at least
ten days The convicted train wTecker, who
is now said to have been illegally con-
victed, owing to the unconstitutionality of
section SO of the Criminal Code, will have
to wait until County Attorney Woodward has
a herring on a brief which the supreme
court this morning gave him permission to
file bearing upon this same moOted sec
tion, 49, Although the court granted ten
days to the county attorney in which to
file his brief, II Is understood that longer
time will be asked, owing to pressure of
work in the criminal court now in session
This morning Judge Holmes took up the
case of the Omaha Loan and Trust com
pany against the estate. Of C. r. Goodman
OF Omaha He at one time owned 100 acres
of land near Co.ler university, ten acres
of which he agreed to donate for the uni
versity's endowment in consideration of its
being located near his tract. The unver-
slty was built on time and according to
specifications. but on being asked to make
a deed Goodman delayed on various pre-
texts until, when he died, he had failed
to carry out his contract. II. s. Dill, Il
cross-petitioner and the assignee Of the uni
versity board is endeavoring to enforce his
claim to the ten acres and the plaintiff to a
part of the tract to secure judgment OF
S1,06i.
The supreme court has granted a new
trial to e. C. Hockenberger, eX-treasurer
of Hall county, charged with embezzing
$1,000 of school funds.
The First National bank OF Omaha OBJ
talned decree of foreclosure on the
Henry T, Clarke farm. near College View.
today to satisfy a claim for $l5,9i7, the
Penn Mutual being second with one for
s1l 060
Mrs. Carrie Cobb this morning paid to
the county commissioners the sum of S3 500 |
to be applied on whatever sum is found |
due from her late husband, Maxey Cobb as |
treasurer, The money Is the proceeds of Il |
life insurance policy held in the Bankers |
Life. This makes over $4,000 she has paid |
The commission appointed by the SUI
premo court to examine applicants to prac-
tiCa bpfOrp that trihInnl a5 |
ably today upon the following: Charles p. |
Gable, j. II. Lindale, James j. Roberts j. |
w. Reece, A. w. Gross and T. T.. McKillip |
Tho court affirmed judgment in the case |
OF DR.. b. II. Jones of Ashland who was |
fined $50 in the lower court for practicng |
medicine without having filed his certificate |
In the office of the county clerk.
Hattie Gordon was given a decree OF dl- |
vorco from her husband, Jonathan, by Judge |
Holmes this forenoon. Nonsupport was the
cause of action.
RECEIVER WINS THE SUIT.
In tho case of John +. Hin. receiver for
tho Lincoln Savings bank, against the Ne
braska Christian Educational board and
others. Judge Holmes found that the de
PENDANTS were in default of answer and
demurrer and gave judgment to plantiff for
the sum of $jS3,5S and certain specified prop
erty near the city of Lincoln.
Beulah Bradeen wife of George Bradeen,
filed a complaint with the board of insanity
commissioners lHlS morning, charging her
husband with being insane She alleges
that George has been beating her over the
head and otherwise abusing her hearing
will be had at 10 o'clock tomorrow morning.
John Kramer, who was arrested on a
charge of wifebeating, has been decided
insane and returned to st. Elizabeth's hos
pital for treatment
State house rumor has II that II. c. Rus
sell is after the position of examiner of PEN
slons at Washington When asked today by
a Bee reporter, respecting the validity OF
the rumor, Mr.. Russell intimated that he
should not decline the office If II came his
way BY any accident of fortune.
Omaha people in Lincoln At the Lipdell
George Il. Moore, e, G. Underwood
Woman Becomes Violently Insnne.
WlNSIDE, Neb., Nov. 19-(Special)-
Mrs. Alice Foreman of Helena. Mont, who
is visiting her sister. Mrs. Fannie Lound
OF this place. has become violently insane
She imagines that she receives messages
from another world and attempts to act in
accordance with their dictation. One of
these messages" was to the effect that she
should burn her sisters home and she pro
ceeded to put out all the lights In the house
SO that she might fire 1t in the darkness
She thinks Winside is burning and the oorn
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