Omaha daily bee., 1897-06-07
Ex-sTATE OFFICIALS ON TRIAL.

Superior journal. There seems now some
chance that ex-State Treasurer BARLEY win
get an inning In the penitentiary adequate
with his theft. BY good management his
trial Is being held in Douglas county. Were
1t held in Lincoln, we would have no hope
OF Bartley being sentenced at all. Nothing
short of fifteen years ought to be the prize
he should draw.
Fremont tribune: Gene Moors's attorneys
may be setting up a good technical defense
for their client, but TO the average layman
II looks pretty gauzy and has a tendency
to cause an honest mans gorge to rise. The
plea Is that he should not be held TOR the
states money, which he stole. because he
was not authorized to receive 1t and was not
the legal custodian OF public funds. This
Is what the lawyers would call a confession
and avoidance. 1t is a villainous defense.
Papillion Times: The law does not recog-
nize an aristocracy among thieves and the
courts should not do 50. The reports of pro-
ceediugs in the BARLEY case lead to the be
lief that the law Of Nebraska is a foot ball
and that BARLEY and his attorneys have a
license to kick it at will. The courts con-
vene or adjourn always at the BARLEY pleas
ure. Such pandering to aristocratic knaves
is nauseating and makes the average Ne
braskan sigh for a sight OF a Gaslin on the
bench again.
Crete vidette: BARLEY and Moore may
spar for wind" and delay matters on tech
nical motions. All this is unsatisfactory to
the people at large, What they desire to
know is, Did these officials steal the state
funds? If so, nothing short OF a verdict Of
guilty, with a severe sentence in the peni-
Tertiary, will appease their appetites. A
quietus ought to be put on the fellow VINO
betrays the confidence Of the people by loot
ing the funds of the state. Now is a good
time for the quietus act. In the language of
Mr.. Cicero: How much longer, o officials,
are you to abuse our patienceg"
rna.l 49,. ,N Ila-tl,v. tho
great 5000, 900 shortage man, is through his
lawyers demanding delay over delay and OPP
posing technicalities after technicalities In
order TO gain time. The court seems, how
ever, to be not much inclined to favor this
unjustifable game with Justice. The
latest foolishness of this miserable kind Of
defense is MIR. Bartley's refusal to answer,
when he was asked by the court whether
he would plead guilty or not 10 the eight
counts of the indictment. He had neither
the courage to admit his guilt nor to deny
1t, but remained silent, which silence, &c
cording to law, is interpreted as a plea Of
not guilty.
Schuyler Quill: Ex-Auditor Eugeue
Moore, who went out Of his state Office last
January 1923, 900 short. has set up the plea
that he as auditor had no legal right to col
lect the fees which he is charged with
embezzling. The constitution seems to have
contemplated that every fee chargeable by a
state officer is payable directly to the state
treasurer, and that the applicant for any
service for which a fee is chargeable is only
required to show that he has paid the fee
into the state treasurer to entitle him to
the service. This system has been found
cumbersome and by common consent each
state officer has been for years collecting the
cash for fees. On this ground Moore will al
tempt to clear himself of the charges, and
he may succeed, as law and justice don't al
ways travel in the same route or direction
Technical law is too often a curse to the
court of justice. In Moore's case his plea
brands him as a common thief, instead of one
who simply used public funds with a view
of r~epaying same.