Omaha daily bee., 1899-11-16
PROMISED TO lee HERDMAN
Holcomb Makes Ante-Election Agreement
with Douglas County Hesler
cLtRKSHlP OF THE SUPREME COURT
story IL Circulated nt Lincoln by
Certain PopuIists. But Edmisten
Continues 20 Make Fight
for the Place.

pontment OF clerk OF the supreme court 10
succeed D. A. Campbell II Is said by prom
inent fusionsts in this city that before eiec-
tlon Silas A. Holcomb agreed with uenio-
cratic leaders In Douglas county to give inc
Office TO Lee Herdman in the event OF MS
own election This assertion does not carry
much weight in the face OF the fight that Is
being made for the place, but 1t Is said iur
ther that Edmisten was not advised OF the
deal and that consequently he is now uncon. =.
s,iously making a useless fight. Some oil
Edmsten's friends say he is not candidate
for the office, but from the demands tnat
have already been made upon Holcomo IN
his behalf 1t would appear that they are
either misinformed or else that they are at
tempting to conceal and mislead. Lee HERD
man was in the city today. He said ne ex-
pected a big fight for the Office, but that he
was accustomed to such things and would be
perfectly at home in the contest.
Insurance Controversy.
The legal controversy as to the liability to
the state of the insurance companies that
paid fees to Eugene Moore as auditor is be-
coming more complicated and the test case
now pending before the supreme court
promises to be hotly contested by both sides
before decision is allowed to stand. In
the brief and argument OF the defendant In
the case OF the State OF Nebraska against
the Home Insurance Company, filed today In
the supreme court, three points are raised
by which 1t is hoped to relieve the insur-
ance companies OF all further liability.
The argument opens with the assertion
that the brief of the state contained no
positive argument in support of its claim
and that the attorney general proceeded
upon the assumption that because Moore was
not convicted under section 124 OF the Grim
inal code, as auditor of public accounts, OF
embezzlement of the insurance fees in ques-
tion, and because the sureties upon his OIL
cia bond are not liable to the state for his
defalcation with regard to moneys which he
as auditor, had no right to receive.
The first OF the three points raised by the
Home Insurance company is that under the
constitution of Nebraska the auditor had no
right to perform services for the defendant
and other insurance companies unless the
fees therefor were paid in advance into the
state treasury. The second point is that the
state is estopped to claim from the defendant
insurance company compensation for services
of the auditor which he could not legally
perform unless the fees therefor were paid in
advance into the state treasury.
The last Of the three points raised Is that
Moore did not receive payment of the fees in
question as auditor of public accounts, but
as agent of the state. That agency is estab-
lished through the election Of the state to
claim from him the money thus received by
him as the money OF the state, whereby his
assumption OF agency was ratified by the
state.
Bessey on Foot Ball.
The recent invasion in this city of the
delegation OF "rooters" from the Omaha
High school has taught the people of Lin
coin a lesson that will not be, soon for
gottenM On the day of the great foot
ball contest between the elevens represent
ing the Omaha and Lincoln High schools.
over 200 gay young school students from
the state metropolis, all wearing purple
and white ribbons, paraded the streets OF
Lincoln and gave vent to their good natured
enthusiasm. In the afternoon all of them
witnessed the defeat OF their team on the
university campus They shouted encour-
agement to their players until time was
called at the end of the game and they
left the field, not blaming any one for the
defeat, but still cheering the representa-
tves OF their own school. 1t was good
natured crowd that came down to Lincoln
that day and their conduct was and still
is the subject of much comment.
Very different is the spirit manifested
by the students of the university and the
High school in this city. Lincoln never
sent such a delegation to Omaha to attend
a foot ball game, although both the High
school and the State university teams have
played there many times. The recent
game between the Nebraska and Iowa uni
versity teams in Omaha was not witnessed
by over ten people from Lincoln. When an
excursion was proposed, the students were
enthusiastic, but when the time came for
purchasing the tickets their enthusiasm
vanished.
In an address to the students of the State
university Chancellor Bessey spoke OF the
delegation from Omaha and expressed the
hope that Lincoln or the university might
show as much enthusiasm On this subject
he said:
when the great game between Nebraska
and Kansas comes off next Saturday, l wish
you students OF the University of Nebraska
would pattern after the students who came
down from the High school at Omaha 200
strong, and from the High school OF Lin
coin 800 or 400 of them. They got up
more enthusiasm to the square rod than
the whole university has usually done.
Now, young men and women, do not be
afraid to cheer and yell when our boys
make a good play. Do not forget to cul-
tivate the feeling Of loyalty and patriotism.
You are fortunate, more fortunate per-
haps, than you deserve, that you are in this
university Think OF 1t as the biggest thing
you have been in and do not fail to ex-
press your patriotic feeling. Do not have
any favorites on your own team. Shout
for every man who makes good point.
Shout for him whether you know him or
not. Put on your ribbons, your society
ribbons. your class ribbons, your fraternity
ribbons, but more than all of these, and
greater than these, put on the university
ribbons OF scarlet and cream"
Advocates Outdoor Exercise.
Chancellor Bessey is an advocate OF
every outdoor exercise that is healthful and
he places foot ball almost at the top Of
the list. He is able to find a great lesson
in the game OF foot ball. and along this line
he said
'You players are learning lessons Of en-
durance. Some one has said that the bat
tie OF Waterloo was won on the field at
Eton 1t means that these qualities OF en-
durance, pluck and grit were acquired on
the foot ball field. Let US. who do not
engage in foot ball for one reason or an
other. profit by their example. 1t is cul-
tivating in us all a high regard for those
III a.. l. LII