Omaha daily bee., 1899-04-01
WANTS NORVAL lMPEACHEO
Representative shore Holds that the
Judge Has Been Guilty of
Felony.


ing is the minority report on the supreme
court investigation, signed by J. H. Shore
Mr. Speaker: The undersigned minority
of your committee appointed to investigate
charges of irregularities in connection with
the supreme court, being unable TO agree
with the majority report, begs leave to re-
port as follows
1t appears from the examination of the
judges and eX-commissioners, together
with testimony of the parties employed in
the capacity of assistants to the court and
an inspection of the records in the offices of
the state treasurer and state auditor, that il
has been the custom TO employ in the capaC-
ity of assistants members Of the families Of
the judges and commissioners. The wives,
sons and daughters of the members of the
court have been so employed, and they have
been paid either 81 FER day or a salary of
81 900 per year, according to the nterpreta
ton placed on the law from time to time by
the interested parties.
There can be no doubt that the intent Of
the law was to place at the disposal of the
members OF the court the services OF assist
ants that would materially aid in the dis
position Of the business of the court and not
for the purpose of creating sinecure posi-
tions to be utilized as a medium OF in
creasing the compensation of the judges in
direct violation of the constitution, which
provides that ''the judges Of the supreme
and district courts shall each receive a
salary OF S2,5OO per annum, payable quar-
courts shall receive any other compensate ton,
perquisite or benefit, for or on account of his
Office in any form whatsoever, nor act as
attorney or counsellor at law in any form
whatever"
In the matter of work performed by these
assistants there has not been an adequate
quid pro quo for the large amounts of money
expended for the purpose. In some in
stances the evidence shows that the work of
the assistant consisted principally of type
writing the opinions of the judge, a service
that would not consume the time of a COM
petent operator a month in year. In other
cases the assistants have carried law books
from the library shelves to the Judges
table. 1t seems to the minority of your COM
mittee that 81 day is an excessive price
to pay for messenger service of this kind.
Other members of the court have testified
that their assistants performed the work oil
blocking out their opinions and picked out
of the evidence in record such as was peril
nent TO the points at issue. The idea that
the wives, sons and daughters of the mem
bers of the court were competent solely by
reason of this relationship to pick out peril
nent testimony and block out opinions to be
handed down as the decisions of the supreme
court of the state has caused lawyers to
smile. Should this investigation result in no
other good il will have cleared up all doubt
as to how some OF the hitherto incompre-
hensible opinions of the court were pre-
pared. and the judges will be relieved OF
t he adverse sentiment that has uncharitably
attributed these opinions 10 be their own pro-
ductions.
II is manifest that the law contemplated
that theSe assistants should themselves have
some knowledge of law but members OF the
court have evaded the plain intent OF the
constitution and OF the statutes. and have
construed appropriation acts that would lily
admit OF such straining so as to make them
contribute 10 their personal benefit at the
expense of the state The minority of your
committee therefore, recommends that this
house strongly express its censure OF the
practice that has been in vogue, that has
resulted in a continuous and unwarranted
raid on the public treasury, and that this
house demand, at the hand Of the supreme
court more careful consideration OF the
rights of the taxpayers and abandonment of
the seemingly cherished idea that seat on
the most exalted bench in the state makes of
its occupant ward Of the commonwealth.
entitled 10 special perqusites and privileges
in violation Of the constitution.
But the NEST serious Developments brought
| out by the testimony before your committee
affect Judge Norval II appears from his
own admissions as well as from documen-
tary evidence found in the record. that the
state treasurer, Joseph $, BARLEY, on theI
Slst day of December. 1894 accepted from
Judge Noryal his salary warrant for the last
quarter OF 1894, in the sum of 1925 and that
the state treasurer paid Judge Norva there
for the face OF the warrant. This warrant.
owing TO the condition of the general fundl
months after the date of such advancement,
| The check by which this money was paid
was signed -. s. BARLEY, State Treasurer,
| by G, NJ. Bartlett, Deputy and was deliv-
| cred TO Judge Noryal, who held IL in his pos
| session some two days aud then personally
/ presented it TO the First National bank of
/ Lincoln, on which il was drawn, and IL was
/ paid When the warrant became payable
/ some ten months after the transactions lust
recited the state treasurer delivered to
/ Judge Norva check for s346S. this check
/ being for the interest due on the warrant
/ In question. This check was also signed by
| J. 5, BARLEY treasurer. and by G. NJ. Bart
! lett his deputy.
One Of two conclusions must follow from
/ these facts. These checks showed uDon their
| face that they were drawn against the state
! funds on deposit in the First National bank
| OF Lincoln. II is true Judge NorVal says he
! did not notice the signature on the checks
! The minority of your committee is unable
10 accept this statement Of Judge Noryal
and mast conclude that he has forgotten the
fact Judge Norval IS lawyer OF ability.
| He has had many years experience on thCs
district and supreme benches. He is ae-
customed TO examine carefully legal papers
placed before him When these checks were
handed 10 him be must have noticed how