Omaha daily bee., 1897-09-22
GOSSIP FROM THE STATE HOUSE
| Attorney General Begins Civil Suit
Against MOOre's Bondsmen.

2
Against MOore's Bondsmen.
LINCOLN, Sept. 21.-(Special)-T attor-
ney general has filed a civil case against
Eugene Moore and his bondsmep for the re-
covery OF the money embezzled by the ex-
auditor, and also for damages to the state
from the unlawful issuance of the $1S1, ,101.75
warrant to BARLEY. 1t is set forth in the
petition that by reason Of the issuance Of
this warrant the state is damaged in the
sum OF $201 ,SS4.05 To this Is added the
S23, ,20S shortage from the auditors office,
and interest at per cent on $lO4799O from
January 3, 1895, and on S12,72S.S5 from Janu-
ary l. 1896, and on $201 1884 .05 from January
2. 1897. The suit calls for judgment against
the bondsmen for $5000O and against Moore
for the balance.
The State Board OF Health yesterday after
noon listened to evidence in the cases of DR..
c. W. Thorpe Of Ncrth Platte and DR.. II. A.
McChesney OF Nebraska City, against whom
| charges OF unprofessional conduct had been
| made. The charge against the farmer was
not sustained, but the certificate Of DR.. Nc
Chesney was withheld
new trial has been asked for in the
| Home for the Friendless case The attorney
! general has filed a motion for new trial,
| making the following assignments OF error:
! Accident and surprise which ordinary
prudence could not have guarded against In
this, that the finding and judgment Of the
|
| tuted such a contract between the state, citi-
zens and the Society of the Home for the
] Friendless that cannot be abrogated or set
| aside at the will OF tae legislature. Is not
| based on any allegation in the return of the
| defendant; that there is no allegation In the
return OF the defendant upon which to base
such finding and judgment; that no such
claim was made In any form by the defendant
| either in her return or in the argument OF
| her counsel at bar.
"The court and judge erred In finding tha
the Home for the Friendless was corpora
ton under the laws OF the state in 1876
THAT there is no competent evidence t
sustain the finding of the court that th'
2O00 bid by the city of Lincoln for the 10
cation OF the home at Lincoln, was raised
through the efforts aid and instrumentalit!
OF the Society of the Home for the Friend
less
| That there Is no competent evidence tC
sustain the finding that the Society of the
Home for the Frlendless governs said home
under such rules and regulations as wer,
prescribed by the Board of Public Lands
and Buildings; or to sustain the finding tina
the said society merged its rights and prop
| critics by virtue of--its corporate capacit!
with that of the state at any time; or tina
the said society contributed any giYei
amount OF its property to the support an
maintenance of said home; or to sustain
the judgment that the state scSght to donat
private funds for public uses under tn
| promise that the government OF the charity
to-wit: the home, established should be un
der the supervision. of said society.
THE court and Judge erred in It's fndn
and judgment that the rights II any, accru
ing to the society from the facts found b
the court and judge are alenable; and /
finding that the defendant is prima facle Ell
B titled to the office to which she has bee
elected by said society"