Omaha daily bee., 1899-12-20
Similar Decision is Han ~a in Il
Omaha National ""nL
WEAVER ACT is DECLARED TO Be
Under This Decision the New Insurance
Department is Knocked Out.
BOARD OF TRANSPORTATION SUSTAINED
Court Holds that the Board Has the
Power to Regulate Express
Rutcs-SyIiabi ard
Opinions.

LINCOLN, Dec. 19.-(Special TelegramD
The supreme court adjourned this after
noon and handed down decisions in a num-
ber of important state cases.
The decision of the district court OF Doug
las county holding the sureties OF former
state Treasurer BARLEY liable on his .iti-
cial bond was reversed and remanded. The
decision Of the court of the same county in
favor of the Omaha National bank in the
suit Of the state to recover on the 500 OOJ
warrant paid by that institution to BARLEY
was also reversed and remanded
Sections SO and 81 Of the Weaver insur-
ance law, providing for the payment of fees
for licenses and leyying OF taxes by the in
surance commissioners, were declared unC on
Stltuttcnal, leaving the entire act void The
decision, however, does not say that the
legislature has no authority to change the
insurance supervision from the auditors
office to a commission created by legisla-
tive act. 1t is held that the taxation sec
tions were the inducement for the passage
of the act. According to the decision the
law contravenes section l of article tx of
the constitution. which provides that every
person or corporation shall pay a tax in
proportion to the value of his or her prop
erty. This decision of the court will of
course, knock out the new insurance de-
partment and it is not likely that the audi
tor will allow the salary claims of the in
surance employees.
The decision of the court in the BARLEY
bondsmen case holds that the governor only
approves bond of a state official and that
the same does not become binding until
filed with the secretary OF state. The fail
ure of an official to file a bond within the
INN frn1l I,,,,.
that office.
The court sustained the Board of Trans
portation in the Pacific Express company
case, holding that it has the power to reg
ulate express rates. The express company
denied this right on the ground that the
board was an unconstitutional organization
The important sections in the syllabus
of the opinion in the Omaha National bank |
case are:
Payment by the state treasurer of public |
money, claiming to be the owner of such !
warrant is conversion and the receiving of !
such money by the person to whom paid is !
also conversion.
such a warrant is not a state obligation |
and the person to whom it is payable being
mere trustee, possesses no salable in
tercst.
hartley Bondsmen Case.
ley bondsmen case is as follows:
In reviewing a judgment rendered on a
verdict given in obedience to a peremptory
instruction, ii is the duty of the reviewing
court to assume the existence of every ma
torial fact which the evidence of the COM
planning party establishes tends to prove.
An official bond is without validity until
it has been delivered. The governor has
no authority as an agent of the state to
accept the official bond of state of district |
officers and by such acceptance make them
binding obligations.
The duty of the governor with respect to
the official bonds of state and district Off
Gers is merely to approve them.
The official bonds of state and district
officers Except that of secretary of state)
do not become binding obligations until
they have been filed in the Office Of the
secretary of state.
Section TO- chapter X. Compiled Statutes
of 1889. contcmplates that an official bond,
after its approval by the proper officers,
shall be returned to the person presenting
It. and be by him filed in the proper office
for record.
An instrument is not delivered until 1t
has passed beyond the dominion control
and authority of the maker and is no I
longer capable of being recalled.
The approval of an official bond by the
governor does not work its acceptance nor I
make 1T "a valid contract.
The principal in an official bond has an ,
implied agency to deliver the bond as the
contract of his suretes.
Possession of an official bond by the prin-
cipal on n day subsequent to that fixed by ,
the statute for its delivery carries with it.
prma facic, the right to have it approved
and delivered.
Sureties on an official bond have the ,
right, at any time before the obligation is
deliv vered, TO revoke their principals au- {
thority to bond them; but until such revo- ! ,
cation the right of the principal to deliver ,
the instrument is presumed TO continue.
And, until the suretles have signifed an
them by accepting their offer to answer for ,
the official misconduct of their principal.
Several days after the time fiXed by the
81 p1 hn1 bp
ties thereon signed an instrument reciting, 1
that any and all additional names that he /,
Uhcir principaD may procure on said bond !
shall I'm no manner affect our liability on /
said bond, and each of us are held liable /
the same as If said names had not been +,
added" Held: That such instrument af-
fords the inference that at the time 1t was |
signed the sureties knew the bond had not
become effective by having been approved ,
And held. also, that when the principal
the bond for approval, accom- {
parent authority from the sureties TO have
Ihe obligation approved and delivered,
No officer of the state is authorized to !
demand additional sureties of the state a
treasurer after his official bond has been r
duly approved and illed for record,
n have Ills official bond approved and filed fl
Tor record I'm the proper office within the I
me tiXed by the statute, creates a vacancy a
n the office to which he has been elected :
lr appointed,
In such case the state may waive its
light to ouSt the incumbent and elect to
ieal with him rs the person entitled to the
,fiice.
And If the state does waive its right the q
;uretics ON The Official bond of the officer
are c,topped from denying the validity of
he bond because II was not approved and
ilcd within the time fixed by law.
Where two or more persons have con- |
,crted the property of another the latter
may sue them either Jointly or seYcraly, o
as he may elect And a court Of equity 8
Hill not require the injured party to pursue ! n
'uc of the wrungdOeTs rather than another
Is ho Is equally Culpable
a document prepared by an accounting o
lfiCer during his term of office showing a
he receipts and disbursements o. and the ! h
slance chargeahle against financial
1hcer Is competent evidence against the o
luretieS on the official bond OF the latter
officer # II was used by him In accounting u
10 ms successor and turning over the office =
lt the time and in the manner contem- !
surCtics ~ a.
4 person who has held an office for some -
considerable time is presumably compc .cnt =
(COntinued nm Tbtrl ,,., | "a