The Red Cloud chief., 1898-02-25
In response to a telegram from w.R.

- w StTNt OH Inf
general committee and as the head OF
a local committee to raise funds for q
monument to the victims of the Maine
disaster.
Auditor Cornell has informed ipsur.
ance companies hat he will enforce
strictly the recent ruling of the SUI
preme court, which prohibits state Of
tccrs from receiving fees. This in
formation is contained in q circular
letter issued by the auditor to insur.
ancc companies.
The state poultry association has ef.
fected the annual settlement of it's ac.
counts. The retiring board OF man.
ayers settled with the officers and af.
fairs of the association were turned
over to the new board and new officers.
After the Fremont show il was be-
licved that the association was con
frontcd with a deficit of $50. but ar
engagements were made whereby this
is wiped out. All bills and premiums
will bc paid in full.
Fire was discovered in the meat mar
kct of X. A. Beck. between Ninth and
Tenth streets. on Central avenue. Ne
braska City. The fire originated in a
e n room and it was with difficulty
that it could be reached by the fire
men. At times it seemed impossible
to save the adjoining buildings, hut
the fire was finally confined to the
market. which was q total loss. In.
surancc about 81, 200.
Al a special meeting of the Lincoln
city council, thirteen members being
present. articles of impeachment
against Mayor Graham and Exciseman
ii. Is. Vailll We're read. The council
saw fit to vote that the charges be in
vestigated. BY unanimous vote this
action was agreed upon and days for
trial was fixed. Exciseman Vail will
ave his trial first. on February 20.
March 3 is the day set for the trial of
Mayor Graham.
Secretary Barry of the state Cuban
relief commission has received several
letters from Hcmingford and other
places in which the writer expresses
the suspicion that supplies cannot
reach Cuban insurgents. In reply Sec
rotary Barry informed the writer's
that it is taken for granted that the
suffers are Cubans in the Spanish lines.
The supplies will he disposed of by au-
thority of Consul-Gcncral Lee and Sec
rotary Barry is confident they will go
to suffering Cubans.
EX-Auditor Eugene Moore is now {;
free nan The Judgment hanging
over him was reversed by the supreme
court and the ease ordered dismissed.
commissioner Irvine wrote the opin-
ion and Judge Sullivan wrote a dis
~senting opinion. This is supposed to
end the matter SO far as criminal pro-
cecdings are concerned. Whether the
insurance companies whose fees we re
converted will bring an action for re-
covery of the amoun remains to be
seen. The decision of the supreme
court in the Moore casc prohibits state
officers from accepting fees and re-
qnircs the payment of fees in advance
into the state treasury. The state
- Nv oIaN VNtNAllNt oillttE
permitted to accept fees. State Off
Gals have not examined the opinion,
but all are preparing to abide by it.
1t has been learned that the grand
jury, nov sitting in Lincoln, is after
Eugene Moore, the eX-auditor. The
officers in charge of the jury are com
PEELED by statutory provision to be
very sccrctive about whatever occurs
in the jury oom or what is likely to
be brought before the jury. Recent
ly it was learned. however, that they
were concealing some papers very
~assiduously, which rescmbled srbpU.
macs for persons whom Z would be
necessary to call il an indictment
against Mr.. Moore was contemplated.
The fact will excite very general pub
lie interest, as many attorneys be-
licve there are still ways to reach Mr..
Moorc's case. The ease that has re-
Gently been dismis sed was based upon
section 1a+ of the criminal code, which
charged Mr.. Moo re with cmbczzling
public funds which he was charged to
collect. receive and keep as an officer.
But tits the belief amor" several who
have looked up the matter that now a
prosecution under section l23 will hold.
This section provides a penalty for the
cmbezzlement of money belonging to
any individual or corporation received
by any officer under the color or guise
of his Office. The money which Mr..
Moore took IA the property of the
insurance c~ompanie, who paid it and
it, embezzlement would fall under the
provision OF the statute. II may be
objected that Il prosecution under this
section of the statute would be placing
Mr.. Moore twice in jeopardy for the
same offcnse. which the constitution
specifies shall not be permitted. The
theory of criminal law seems to be
that Il man has not been placed in
jeopardy till he has been tried under u
valid Indictment. In the present case,
the supreme court held hat the in
dictmpnt WAS not valid.