Omaha daily bee., 1896-11-19
BEET SUGAR BOUNTY CASE
Supreme Court Will Hear Arguments on
the Matter Today.
ATTACKS CoNSTITUTIONAuITY OF THE law
Attorney General Churchill, who hp-
pears for Auditor Moore, Pre-
sents His Argument ON the
Question in Writing.

| guments in the Norfolk beet sugar bounty
case the first thing tomorrow morning. The
! case is one instigated by the Norfolk Beet
| Sugar company to compel stale Auditor
/ Moore to issue warrant in the sum Of $SOj
! in payment Of the bounty on i2S0G0 pounds
of sugar manufactured between December
! 81, 1873, and January l., 1896.
Last spring Auditor Moore issued war
rants amounting to $50 600 in payment of
| bounty on sugar manufactured at Grand Is
/ land and Norfok The last legislature, which
passed the bounty bill did not make spe-
/ cifc appropriation for the payment of bounty
! claims The warrants issued by Auditor
Moore were drawn on the general fund. The
mandamus quit begun by the Norfolk com
pany will be the means of testing not only
tho bounty act, but also the regularity Of
the warrants already issued and all future
claims for bounty arising under the present
law.
Attorney General Churchill represents
Auditor Moore and takes the position tina,
the sugar bounty law is unconstitutional Tor
several reasons. His main contentious are
that the states debt limit fixed by the con-
stituton has been reached; that the legisla>
turo in passing the bounty law exceeded its
power in seeking to fix contract, beyond
the period of two years, and that no specihc
appropriation was made.
Ex-senator Charles F. Manderson and W.
S. Summers are attorneys for the Norfolk
Beet Sugar company.
The line of argument pursued by Attorney
General Churchill Is before the court in writ
inE. After enumerating the sections of the
constitution heretofore mentioned he says:
These provisions of the constitution pro-
vide for regular and systematic method
of conducting the finances or the state, and
may be classified as follows:
4. town Nsosf lon GT n
shall be incurred aside from those fixed In
the constitution, is left to the discretion of
2. There is not vested in one legislature
any power to determine whaC expense shall
be incurred beyond tie period of the end OF
the first fiscal quarter after the adjournment
of the next legislature.
3. The legislative power as 10 finances IS
biennial only in its scope; In this respect
1t is limited by the constitutional provisions.
4. Each separate legislature possesses the
sole power of determining not only what
claims or debts against the state shall be
paid. but the amount of expenses which may
be incurred aside from those fiNed by the
j. Each legislature must provide tax levy
in accordance with the constitutional provl-
expenses, which must be by .approprint tons
made 1t shall not exceed the amount or
revenue authorized by law to. be raised In
such time. is the language of section -
g. 1t is only when there is "a casual de
flcit'' or "a failure in the revenue" can debts
be contracted at all. What is casual de-
felt? Webster defines casual, as happening
by chance, accidental, occasional, not con-
stant. That Is, then, II by chance or acci-
onue, as by reason of some dcfaulting reve-
nuc officer, such like cause no sufficient
by reason of some drouth or other uneN-
pected calamity the people we're unable TO
Pay the taxes; ana second or ala "a failure aln IN
there should be q failure by the legislature
to provide n sufficient rcvenue, then, and
ficit' or failure in the revenue" can the
stat contract debts. and then never to eX-
ceed In the aggregate 100000
Now II is contended that the act in ques-
tion constituted a contract with all who
manufactured sugar in accordance with its
created n debt, unless a revenue was pro-
vided TO meet 1t within the two years and
ing that session, An inoeHtedness, arising
under this act cannot be q casual dehcit,
enue. If not, then it is inhibited by the con
stitution; for 1t will not be claimed 1t was
the result of invasion, insurrection or by
defending the state in was. The fiscal year
begins on the 1st day of December and the
appropria tions would then end on July 81,
after the adjournment of the legislature.
If the act in question be sufficient to CON
became a law to July 81 1877. then ii
ceeding two years until repealed.
The appropriation is neither specific in
amount. that depends no upon the action
of the legislature but upon the number OF
pounds OF sugar any one may manufacture,
and as to whom 1t is to be paid; that de
pends upon who may engage in it's manu-
facture. 1t is therefore impossible for the
auditor to perform his constitutional duty
and which he Is sworn to obey
STATE DAIRYMEN TO MEET
The annual meeting of the Nebraska
Dairymen's association will be held in the
chapel of the State university, this city |
December 15 16 and II. The opening ses- |
sion will be held on the evening of the
18th. The papers read and discussions
thereon at this meeting will be altogether |
of practical nature, and of interest to |
all engaged in the dairy industry. Special |
interest attaches to the meeting from the |
fact that upon thiG occasion will take place |
the formal openng of the dairy school, 2 |
new branch Of education in connection with |
the work of the State university The dairy |
building Is on the state farm, and one ses- |
sion of the annual meeting will be held at |
that building. In connection with the |
annual meeting will be held dairy exhibit |
and liberal prizes are offered for competi- |
ton both for creamery and dairy products. |
All sessions will be open and free to every |
one interested in dairy work,
Columbus j. Wineinger, a clerk in the |
employ of Jacob North G. Co., was arrested !
Mt his home, 23i South Twenty-sixth street,
late last night, a statutory charge, |
alleged to have been committed on 1i-year-
old girl, named Mary Cisek The arrest |
was made upon q complaint sworn out by |
2
was committed in May last, while the girl |
was in the employ OF Wneinger's family |
rs a domestic. The child Is now in a deli |
cate condition and declares that the Illicit |
relations have been continued from time to
time ever since the date of her ruin Wine |
niger was released on bond furnished by |
his employer and declares that his arrest |
is the result of blaclSmaiing scheme
Chief Melicl has received a telegram from
John De Long, a special agent at Hanover,
Kan, asking him to arrest one Thomas |
Coats, alias Syracuse Slim. who is wanted |
for burglary. Slim has failed to show up !
in Lincoln so far as can be learned.
The hearing of Harvey Bell and Mrs
Nellie Laddie is to occur in police
court tomorrow morning. 1t is stated that
Bells defense is that he was III and Mrs.
Ladde was his nurse His physician was
DR. Maxon, who will testify to his illness
and need OF a nurse
Judge Holmes today signed a decree OF |
foreclosure OF mortgages against the Bald |
win flats, Twelfth and X streets w. w |
Harrison gets first lien for $35,701 First |
National bank second for sl4 1850, Security |
Investment company third for 81 ,677 and |
e. A. Richards fourth for $479O.
John A. Ledwith, executor for the estate
of James Ledwith, asks that the sale of the |
west Ledwith block be set aside. II was
sold last Tuesday to the National Life In
surance company Of Vermont for $12, ,6SS,
two-thlrds OF It's appraised valuation. The
executor says the appraisement was eX-
tremely low, less than half the cash value