Omaha daily bee., 1902-11-08
COURT REVERSES ITS RULING
suprsme justices how Hold Mayor MOores
Liable for Unclaimed Fees.
TEXT OF DECISION IN CASE he WON
NorvaI ard Post Deciie Such Fees
Are Not Public Moneys and Leg
fsIaturc Cannot Deprive
Persons of Them.
TEXT OF DECISION IN CASE He WON

The supreme court yesterday at Lincoln
handed down a decision reversing the
Judgment of the district court of Douglas
county and declaring that Frank +. Moores
is liable to the county for unclaimed wit
ness fees and court costs paid to him
while be was clerk Of the district court.
The ruling Of the supreme court is that
there is no authority for taking witness
fees, except such as is conferred by statute,
and that the legislature has no right to
provide that when such fees are unclaimed
they shall 20 to the school fund.
This was a suit begun by the county Of
Douglas against Frank Z. Moores and his
bondsmen to recover witness fees that
had been paid to Frank e.. Moores as clerk
Of tho district court during his term OF
office. and also to recover advanced costs
paid into court during his term Of office.
These fees and advanced costs had never
been called for by the parties who had
earned them. Many Of the parties owed
tn MIR. Moores as clerk various sums Of
money and many OF these witness fees
and advanced costs h would be entitled
TO set of as against any claim which the
party owning the witness fees and ad-
vanced costs would have against him.
The supreme court of Nebraska, In the
case OF the State against Moores, decided
that the law that required these witness
fees and advanced costs to be paid into the
hands OF the county was unconstitutional.
This case Is reported 50 Nebraska, page no.
Mr.. Moores was in doubt as to whether
TO nay these fees to the treasurer OF Doug
las county or to the different parties to
whom they belonged. The court having
declared the statute which provided that
these fees should be paid to the treasurer
of Douglas county and forfeited to the
school fund unconstitutional. he was ad-
vised by his counsel that II he should pay
these to Douglas county he would be re-
quired to pay the same moneys again 10
the various claimants, who from time to
time may have claimed the money. lie
has. therefore, held possession Of these
moneys until such time as he would know
to whom they should be rightfully paid.
suit II Same Sort.
The same questions that we're l~itlgated
in the case just. decided were Irrigated in
the case Of the State against Moores, So
Nebraska, page 40. The supreme court
at that time consisted Of Messrs. Justice
Norval, Sullivan and Post, and Commits
sioners Regan, Irwin and Ryan.
The decision OF the court was rendered
by Mr.. Justice Norval, and Mr.. Justice Post
concurred in the following words:
The conclusions to which L agree are
stated by Judge Norval. Unclaimed Wit
ness fees and costs remaining in the hands
Of the clerk of the district court are NOS
public moneys and the legislation OF thlo
persons for whose benefit such fees and
costs are paid of title thereto" Is unccn-
stitutional and void.
The court in conformity with the decision
of other courts in other states held that
" - AL1.1 Y,na1agpanA uvftnaGg
fees and advanced costs to the county Of
Douglas was the taking Of property WITH
out due process of law. After this case
had been decided, IL Mr.. Moores had paid
this money into the county of Douglas
he would have lone so In defiance Of the
expressed ruling Of the supreme court OF
the state, which he had every reason to
believe would be the settled law OF the
state, and he would have been subject TO
suits for these same moneys at the hands
OF the different people to whom these wit
ness fees and unclaimed costs had belonged,
He has been and is anxious to pay the
money to the rightful owners, but in JUS
tIce to himself he could not have paid this
money to the county without subjecting
himself to suits for the same moneys at
the hands of other parties who claimed it..
The decision Just handed by the supreme
court s~quarely reverses the decision which
this court made within the last three or
four years. in hfty-second Nebraska, and
decided that the statutes which in that
case were wiped off the books as unconsti-
tional, to be now constitutional.
Mr.. Moores is willing to deposit in the
hands Of the clerk OF the district court
any moneys in his hands belonging to the
witnesses and earned by them. to be held
by the clerk OF the district court in escrow
to abide the final adjudication of this suit,
the cases having been reversed and sent
back to the district court for an account
Ing.
NcIIDAnNE n0AAnAAfv