Omaha daily bee., 1899-05-30
APPOINTMENT DISPLEASES
Governor Makes a Mistake in Naming Men
for the Brand Commission.
PoPUlST PAPER OBJECTS TO W. C. cAvEN
Judge Frost Denies Petition of Bart
ley Bondsmen for Restraining
order Against Smyth from
Prosecuting Them.

LINCOLN, May (Special)-It seems
the governor has made another mistake in
his appointments on the State Brand COM
mission and has stirred up trouble in north
west Nebraska. The following from the
Crawford Bulletin, a populist paper, re-
gerding the appointment Of w. C. Caven
shows up some OF the peculiar political
characteristics of that part of the state:
The news of his appointment to a posi-
tion by populist governor will fall like
wet blanket on the majority OF populists
OF this territory, who consider him, in a
political sense, as fun OF tricks as a dog
IS Of feas. lie is not backward or sneaking
about his operations, and Is aware that
there are large number who, though out
side of politics, place full confidence in him,
would not trust him in political operations
any further than they could throw male
critter of the bovine species by the caudal
appendage in evidence OF which he stated
that he failed to vote at the last general
election because the 'cusses would accuse
him of voting he republican ticket He
processes to be a democrat, but pfayfully
votes in a populist primary, allows himself
TO be elected a delegate to populist county
and state conventions, and then carries him
self during the campaign in such a manner
as to create the suspicion that he is the
distributor of republican DOODLE" even to
the extent of being accused of causing re-
publican whisky to be sent to a strong
populist precinct in order to influence votes
in favor of the republican legislative ticket.
The appointment may have been made on
the ground that he is political horse that
requires "hitching," but as near as we can
learn, he is considered. especially among
populists, "a tricky political broncho," and
liable to make break" at any time in
any direction, no matter how he is
"htched."
Copies of the Bulletin containing this
editorial were circulated about the state
house today and caused somewhat of a
sensation in popocratic circles.
Denies the Injunction.
The petition filed in the district court
here by the bondsmen of eX-State Treas
urere BARLEY, asking for an order restrain
ing Attorney General Smyth, Governor
Poynter and other officials from prosecut-
ing them in Omaha on Bartley's bond until
after the liability of the Omaha National
bank for $2O1, 900 of the ex-state treasurer s
shortage is determined, was denied this
afternoon by Judge Frost motion for
a rehearing before the full bench was i'm
mediatey filed by the attorneys for the
bondsmen. The court finds that the injunc-
tion should be denied on judicial grounds
The temporary injunction is also vacated
Judge Frost expressed his Willingness tc
have the case argued again before the full
bench and this decision will probably pre-
vent the prosecution of the bondsmen al
the present term of the district court In
Omaha. The written opinion of the court
in this case is as follows:
This is an application for temporary
injunction. Because of the finality of the
courts order, If the application is denied
the plaintiffs should be given the benent ol
all doubt. 1t may also be said that the
plaintiffs present a bill which appeals
strongly to the conscience OF the court,
bill which shows that as between them and
the Omaha National bank, they are sureues
and it is principal. Without passing upon
the suffciency OF the cause of action for
equitable relief stated in the bill, 1t will
be assumed that its allegations are ample
for that purpose
In view of what has already been said
the plaintiffs would be entitled TO tempor-
ary Injunction were there no jurisdictional
questions in the way. These questions in
volve the relations and obligations OF CO.
ordinate courts, where one of them has ac-
quired prior jurisdiction Of the parties and
of the subject matter in controversy. IC
the mind of the writer. the correct answers
TO these questions lead inevitably to one
consruson, the denial of the injunction by
this court.
Briefly stated, the plaintiffs ask the dis.
trct court of Lancaster county to restrain
w
Smith, who, it is alleged, are respectively
governor and attorney general OF the state
of Nebraska; their deputies and successors
in office, from prosecuting in the district
court of Douglas county a suit pending
therein in behalf of the state, and against
ex-State Treasurer BARLEY and his bonds
men. The injunction is prayed for only as
TO one item in that suit, amounting tc
$201, ,SS4.O5. AS to that item, this court Ii
asked to determine whether it was en-
bezzled by BARLEY, and If it was. to ordel
that the Omaha National bank and thu
bondsmen on its depository bond be com
pelled to pay said amount and to fully ex
onerate the plaintiffs from the paymen
thereof The sum in question was on de-
posit TO the credit of the state treasurer IL
the Omaha National bank, but was drawn
out by the check of the state treasurer tC
illegally pay warrant which had been is
sued for the sole purpose of transferring
from the general to the sinking fund the
money lost to the latter by the failure o
the Capital National bank.
The state having brought an action fol
that item, among others, in the distric
court of Douglas county, this court canno