Omaha daily bee., 1899-09-02
PADDED PETIT JURY LISTS
Fraudulent Certificates Issued in the Name
Of Jurors Who Never Served.
SAMPLE OF FRANKS DISHONEST METHODS
County Board was Informed of the
Abuses, hut II Neglected to Insti-
tute a Thorough In
yestiRation.

The ventilation in The Bee OF the dis
creditable record Of Albyn Frank, as clerk
OF the district court, was the chief topic OIL
discussion In political circles almost as soon
as the paper was on the street. While most
OF the voters we're aware that irregularities
had been committed, many OF them ala not
realize how thoroughly untrustworthy
Franks administrator had showed him TO
be. 1t was practically the unanimous ex-
preston that, II one-half what is charged
against Frank Is true. he should get OH
the track at once and make way for some
candidate whose integrity cannot be aues-
toned. That The Bee has not exaggerated
the case is established by the records, mat
cannot be successfully controverted.
The principal items OF official misconduct
that are alleged against Mr.. Frank are that
he has been almost continually absent from
his office, that gross frauds have been per-
petrated or attempted, through padded
vouchers and pay rolls, that he has habitu-
ally filed bills against the county for services
as insane commissioner that he never per-
formed, and that fees paid into his hands
for filing foreclosures OF mortgages with the
register OF deeds have been illegally re-
tained by him.
Just how far the frauds extend will not
be known until the Board Of County Com
rllssiones inaugurates the systematic check
ing up of the books and accounts in the
clerks office that, for some reason, 1t has
apparently been reluctant to undertake.
The fact that the Jury pay rolls were
padded was discovered by the merest acct
dent. Otherwise 1t might have continued
to this time. Or July 16, 1898, Frank filed
a certified pay roll of petit jurors of the
district court who were alleged to have
aaruad during tba EahrtIory and Nav tprmS.
How the Fraud Was Discovered.
When the pay roll came before the Board
of County Commissioners one of the county
officials happened to notice that one Of the
names on the list, who was certified as
having served fourteen days, was a friend
of his, whom he knew had not served as a
Juror. This prompted an investigation and
Elmer Starr, then a clerk in the auditing
department, was detailed to check up the
account. BY comparing the pay roll with
the court records he ascertained that of
the amount certified s549 was certified to
persons whom the records proved had not
served as jurors. This state of facts was
communicated to the board and County
Clerk Haverly was instructed to draw the
warrants for the amounts as though moth
Ing had happened. 1t was expected that
when the fraudulent warrants were called
for the officials would then be able to dis
cover positively all who were working the
swindle.
In some manner, however, the fact that
the fraud had been discovered was COM
municated to Frank and his deputy ap-
peared at the county clerks Office the next
day and secured a list of the fraudulent
certificates. These were then recalled and
to this day the parties who hold them have
never presented them for payment. Sew
eral demands have been made on Franks
office for the certificates, but lhey are said
to have disappeared. William Schwarick,
the clerk who has charge OF these docu-
ments, says that he has searched all
through the files for them, but. that these
particular certificates cannot be found. The
warrants have consequently been cancelled
and are SO entered on the records.
Last February County Auditor Tate form
ally called the attention Of the board to
this and other Irregularities in the follow
Ing communication, which was referred to
the committee of the whole:
A Leaf from the Record
OMAHA, Neb,, Feb. IL, 1S99-To the Hon
orable Board of County Commissioners
Douglas County, Neb.: Gentlemen-Permit
me to call the attention Of your. honorable
board to some matters connected with the
pupllC SERVICE, over Wnlcn you, as cuStodianS
OF the %county's interest, have the oversight,
and to whom the citizens and taxpayers
look for the correction of any abuses that
tend, either wrongfully or fraudulently, to
the expenditure of the peoples money.
Months ago action was taken by the
Board of County Commissioners instructing
the clerk of the district court to discontinue
the practice of issuing certificates to Jurors
and witnesses in said court, as will be
shown by the adoption of a resolution in
troduced by Mr.. Kierstead, This resolution
shows that the same was certified to the
district clerk, but no attention whatever
has been paid to 1t, and the practice still
continues. Item 10, in section 3, chapter IS.
Nebraska statutes, provides for the Ger
tifying to the county commissioners. at the
end of each term, the names of jurors, and
their terms of service, and mileage, and
provides a fee Of $3.50 for same" There
is now in my department, pending before
your honorable board, a claim filed by the
district clerk January 10, 1899, for 81, O2O. 80,
of which 1904 Is for certificates issued con
trary to the instructions OF your honors, and
for which the statutes provide a fee of So
only. This, however, Is not the worst
feature of the practice. Pay roll No. 10, 96S,
filed July 16. 1898, and certified by the dis