Omaha daily bee., 1898-06-04
DO NOT GUARANTEE HONESTY
Counsel for Sureties in Eugene Moore Case
File Their Brief.
LIABLE ONLY FOR HIS OFFICIAL ACTS
They Are Not responsible for Any
Transaction by Moore Outside
of His Duties ny state
Auditor.
ABLE ONLY FOR HIS OFFICIAL ACTS

LINCOLN, June Especial 1.-The coun-
sci for the sureties in the Eugene Moore
bond case have filed their brief with the
clerk of the supreme court. After reciting
the wording of the bond, the brief says:
1T is clear from the language quoted that
the sureties upon the bond bound them
selves only to make good the loss of money
received by their principal by virtue of his
office and by authority of law. They did
not guarantee the honesty of his conduct,
nor undertake to indemnify persons dealing
with him outside his official capacity, for
the consequences of his acts. They did
not extend or limit his authority as aud
itor. They bound themselves solely to
make good the loss OF money received
officially.
1T is obvious that so far as the sure
ties on the bond are concerned, there is
and can be no question of honesty, morality
or fair dealing; and that the contract of
such s~ureties is to be strictly construed"
After quoting a number OF authorities to
show that there could be no conviction or
judgment where the receipt of the money
embezzled was unauthorized by law, the
brief takes up the question of e%stoppel, as
follows:
1T is finally urged that the sureties are
estopped to deny the .constitutionallty OF the
law under which the fees were received.
The best answer to this argument Is that
the %sureties do not deny tho constitution
atty of that law. They merely aver that
since the adoption Of the present constitu-
ton that law, so far as 1t touches the right
of the auditor to receive fees, has been
nonresident. Here is no question OF a law
TO be upheld until declared unconstitutional,
but a simple case of no law at all. There
is no principle or precedent by which a
party to a suit can be estopped to aver the
non-eXistence of a law"
In this case Field 4 Brown appear as at
torneys for the sureties and Bronze &
Burnett appear for Moore.
The case of the State against Hilton was
taken up in the district court today. being
n suit against the ex-inspector of oils on
account of 81. 900 In fees collected by him
and never accounted for. The jury was Sc
cured today and the attorneys made the
opening speeches. after which the case was
adjourned over until Monday.
Lincoln Notes.
Representative +. f. LOOMS of Butte
county was a caller at the state house to
day.
Deputy State Superintendent Beck ad
dresses the graduating class at Scribner to
night.
The health officer reports the existence o
several cases of diphtheria in the city. Tn
houses are being strictly quarantined.
In district court Mrs. Ellen Duggen ha
obtained a verdict of 81 1000 against tn
Burlington road, her husband having los
his life while in the service of the road.
Mrs, Ira Noble OF Charlton, Ia, who ra
away from her home with a man name
Mccullough, is held at the police static
here awaiting the arrival of her father, /
S, Burlington OF Charlton. Her husband
already here, and 1t is believed he will for
give his reereant spouse aud take her hom'