Omaha daily bee., 1897-01-21
BARTLEY AND MESERVE AGREE
Make Up Their Stipulation for Case
Testing the Law.
WILL NOT BE HEARD UNTIL FEBRUARY
Matter Filed with the Supreme Court
Yesterday Afternoon and WIN
Go Over Untii the Next
sitting of Court.

Ine stipulated case between eN-lreasurer
BARLEY and Treasurer Meserve le,ative to tie
state depository law, was made up this after
noon and filed with the clerk of the supreme
court The case will not be argued, however.
until the next sitting of the court on tho
first Tuesday in February. The grounds in
dispute between the new treasurer and his
predecessor were sa ed correctly in thosa dis
patches last Sunday night. The attorneys
of both sides have surrounded the questions
with an elaboration of verbiage but tho
three points of issue remain as then stated.
The controversy between Messrs. Meservo
and BARLEY arises out Of several incidents
in the enforcement of the depository law,
which the new state treasurer considers tr-
regular In some instances banks were dosig-
mated as repositories by the secretary or
state and the attorney general, although tho
consent of the governor was withheld. In
other cases the bank received a larger de-
posit than its bond entitled 1t to. The su-
preme court is asked to straighten out tho
controversy by answering the following
questions:
TERMS OF THE STIPULATION.
1. Is bond conditioned and, signed as
by law required and approved by the Sec
retary of state and attorney general only.
and afterWard as by law lcquired deposited
in the office of the auditor of public ac-
giving such bond a state depository under
the meaning of the law governing the
creation of said repositories, or Is tle gov
ernor's approval necessary in addition?
2. Is the approval of the secretary or
mentioned in the first question sufficient
if the governor was present at the thne
the decision to approve said bond was ar;
rived at by the secretary OF state and
attorney, general but disScnted from said
3. Did the fact that Treasurer Barley
deposited in certain banks which had given
the bond required by law, and which bond
was duly approved and delivered, neces-
sary to create them state repositories un-
der the law more tran 80 per cent of said
60nd % rsGdse eliza hond do IN a 10 ana S sGp s1pfes e
did that fact in any way affect the 80 per
cent thus deposited? ,..,.
rent funds of the state In certain banks
which had given the bond REQUIRED by law
by law necessary to creNte SAld banks
state repositories, and the amount so de.
the bond given by the ba",;, are, such cur;
rent funds thus on deposit to be treated
and regarded as in tae, treasury In such
by law to produce said funds and deliver
the physical possession thereof to his sue
cessor, the said Mescrve; and is the fact
that said funds were deposited as afore-
said and that the banks having them on
deposit acknowledge the fact, sufficient
ley with the eighth subdivision of sec
tion 2 of artice " of chapter lxNNiil, Cone
''He (mcaning the state, treasurer shall
account for and pay over all moneys re-
ceived by him as treasurer to his successor
in otiice?"
In conclusion the petitioners ask that In
the event that the court holds that there
are any duties to which Treasurer Meserve
is subject and should perform that the
court issue it's order in the nature OF an
order of mandamus commanding him to
perform the duties resting upon him by vir-
tue of the law as treasurer of the state
The resolution introduced by Sheldon in
the house this morning contemplates an in
vestigation Of the affairs of the state treas
ury. 1t is supposed to have been inspired
by State Treasurer Mes3rve. 1t is in the
form of a resolution for a Joint committee
of the senate and house. The resolution di-
rects attention to the condition of the states
finances, which does not permit of payment
of the semi-annual school apportionment, and
to the apparent systematic deposits in the
banks. 1t was read the first time and re-
ferred to the committee on miscellaneous
subjects.
State Treasurer Meserve today sent out
school apportionment warrants for $4,000,
the funds for which he has collected within
the past week. The amount is about one
third of the total apportiOnment and the
balance will be paid out by the close OF
tho week.
DEBATES ON SUGAR BOUNTY.
The debate in committee of the whole on
Dobson's bill to repeal the sugar bounty
was prolonged and spirited. The element
in favor of the bounty was led by Pollard
of Caas, Jenkins Of Jefferson and Roddy OF
Otoe Those who opposed 1t, of which 1t
is believed there is majority in the house,
were represented by Wooster, Dobson, Shell
don and StebbiGs. The principal argument
advanced by the opponents of the sugar
bounty law was that tho state had no right
to tax one industry for the benefit OF an
other Sheldon of Dawes tried to arraign
the republican party, holding that its ad-
minstrations in Washington, in times past,
were solely to blame for the prevalence OF
sugar and other trusts Sheldon seemed in
clined to extend the discussion to include
the whole tariff question, and read volumi-
nously from Chicago paper until he was
shut off by Jenkins who had been called to
the chair by Speaker Gallin. Sheldon then
proceeded to confine himself 10 the question
of sugar beet raising In Nebraska. lie read
n portion of an editorial published some
time ago in Lincoln morning paper, and
drew from It the conclusion that the sugar
bounty was not good thing for farmers.
In tha discussion of the bill it was plainly
indicated that the majority had thoroughly
caucused on the measure and vas prepared
to vote for the repeal. Only one member,
Cronk Of Valley, broke away from the popu-
lists and added his vote to that Of the re-
publcans, who voted ao'idly against the
measure. This gave thirty-three votes
against Dobsons bill but there Is no doubt
but ii will pass on party vote, despite
the many petitions from the farmers OF the
state against 1t.
CONOYBR'S SCHOOL BOARD BILL.
Charlie Conoyer OF Omaha was at tho
state house today, apparently a dlsinterested
observer Of the trend of legislative action.
But, incidentally, he had little bill on his
inside pocket which he turned over to SEN
ator Howell OF Douglas county Mr.. Howell
Inspected the measure, and, after a little
consultation, 1t was handed TO Senator Miller
Of Burt county. In the course OF the after
noon the bill wac read the first time as
having been introduced by Mr. Miller. The
proposed law provides that the members OF
the boards of education in cities OF tho
metropolitan class shall consist of twelve
members all TO be appointed by the mayor.
Said appointments shall be made In tho
month of July 1887, on or before the second
Tuesday thereof Not more than six OF the
said directors shall belong to the same polit-
ical party -Four Of them shall be appointed
TO serve three years, four two years and
four one year. from the third Monday In
July 1897 and thereafter In the month OF
July In each year. the mayor shall APP
point four members 10 take tine places OF
those whose terms OF Office expire. On tho
third Monday of July In each year the board
is to elect a president and vice president
from their own number. The board Is also
required to appoint superintendent OF pub
lie instruction. and may enter into contract
with him for a term not to exceed three
-. l.gII g1g laHA rI.E