Omaha daily bee., 1899-04-09
for that reason prefers to buy one alread
built.


The Ogalalla Creamery company has filed
articles of Incorporation with the secretary
of state The capital stock is $500 and the
incorporators are J. W. WelDton, w. w.
Hamilton, c. w Hickox, Johann Kurkowskl,
Charles D. CASTOR and Adam Hall
The governor has received a handsomely
Autographed proclamation from Governor
Asa Bushnell of Ohio, announcing the hold
ing of the Ohio Centennial Exposition at To-
ledo in 1902 1903. The proclamation recltes
the history of the admission of Ohio into
statehood in 1902. the decision of the ONO
assembly to celebrate the centennial and the
selection OF Toledo as the place TO hold the
exposition. cordial invitation is given to
the general government, the American
states and all foreign nations to take part
in the exposition.
Assistant Clerk Langford and Miss Piper
have about finished the work of preparing
all original bills and engrossed copies of
those acted upon in the house to be hled
with the secretary of state. Chief Clerk
Wall and Secretary of the Senate Morgan
are still absent from the city, but it is eX-
pected they will return early next week to
begin work upon the journals.
Lincoln Local Notes.
Hinder a decision handed down by Judge
Holmes of the district court today the last
hone of the state in securing a return OF
the money embezzled by eX-Auditor Eu-
gene Moore fiickered out. The decision rem
dered was in the case of the state against
the Home Fire Insurance company OF New
York The state had sued this company
n recover fees which 1t had paid to Auditor
Moore and which never reached the COT
fers of the state treasury, In its answer to
81 %
pany alleged that the auditor had always
received these fees and that it had become
a long established custom for him to do so;
that pc demanded the money by vrture OF
his position as insurance commissioner OF
the state and, therefore acted as the agent
of the state and not of the insurance com
panies The company further alleged that
the state had elected TO sue upon MT
Moore's bond, and, having been successful,
il was barred from also attempting TO col
lect from the insurance companies. The
state demurred TO the answer, alleging, as
is usual in such cases, that 1t did not con-
stitute a valid defense The court has
overruled the demurrer, holding that If the
answer is true IL Is complete defense 10
the action. Judge Holmes holds that the
state acts only by and through its proper
officers and is bound by their election in
Further that the state cannot elect 10 pur-
sue several and inconsistent remedies and
prosecute the same to a successful conclu-
sion. Having elected TO assert its claim
TO the moneys sued for and collected by the
auditor by demanding payment OF such
moneys and receiving part thereof from
the auditor, together with judgment for the
rest against him, it cannot recover from
the insurance companies in an action al
Law. Attorney General Smyth was given
ten days in which TO amend his pleadngs
if he so desires but the courts decision
TreCludes the possibility OF securing
judgment against the individual insurance
companies 10 recover fees paid TO Moore
while Re was auditor.
Frances A. Newbury secured a divorce
this morning from w II. Newbury, who
was chief of the Lincoln fire department for
several years. From all appearances di-
yurce had been agreed upon by both par
ties She was awarded $50 alimony. New
bury has lived in Chicago for some time
but has been in Lincoln for several weeks
| It Is said he is an applicant for his old po-
! shion as chief OF the fire department.
The February term OF tho district court
terminated today, the judges having cleaned