Omaha daily bee., 1902-03-07
is INTEREST MONEY HIS OWN
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to do SO. Therefore, IL the bank saw At
states money 1t became his, not the
states. In state against Keim the SUI
said THAT an unSutSorised or yunrstiaed
loan or deposit Of public money constitutes
no cause OF action in the name of the
Denies the states Right.
But It is the law Of this state, as we'll as
OF every other Jurisdiction, without excep-
ton, where the question has been exam
ined. that where money is deposited by the
has, no right to the interest agreed to be
P %hsre oy I'M !h ne e sonft to Of t last 'T rssoTt, has Mt It
been decided that In such case the interest
belongs to the public as a matter OF gen.
In the case Of County OF wayne against
Breslers. treasurer thereof. the supreme
against Che treasurer to HecovySnx4nasstsoa.
pu h,Ye money loaned wgpid = n
s e Hlsi S SSt. fSe e lco %ns hs frea snas i1 IL { WAYNE Tss
county for money deposited by him In
violation of the statute did not belong to
that no criminal offense had been com.
mitted by the retention of the interest.
For the Treasurer, Not the state.
The whole argument rests upon the very
simple but solid reason that by the pay
cases as this the state Is not damaged a
g deposit the money and thereby declared
made. No one has authority to reverse
that constitutional declaration. Therefore
state said it aid not want, and would not
have, belongs to the state, You cannot
force upon the state an ownership which
1.-the banks became indebted to the state
for interest by reason OF the deposit, the
did not, and was not intended to, discharge
that obligation or affect II In the least.
The Il the san H&nfior Shsn gave It pfif Il % T shs tr iss ahtls
and the state has no claim to it. either IN
The ofieer who has obeyed the law has
done all that his oath Of once required OF
has a right to demand Of him more. The
court, we respectfully submit, SHOULD
SIre the the ssoa5S Sdfy tn sS SSs sa Sss the aSm% @sitsHSaa mt
| orense against the laws OF this state.
Cline IL on Hand.
The defendant was present in. court with
his private attorney, w. S. Morlan of Me-
Cook, as was also State Treasurer VIII
liam Stuefer, State Auditor Charles w.
Weston. Attorney General FL N. Prout,
who 10 working with County Attor-
ney Shields and Deputy County Attorney I.
J. Dur in the prosecution, and James A.
Cline. national bank examiner, on account
Of whose illness at his home In Minden,
Neb., the trial was postponed until today
from Its original date. February 20.
The attendance In the court room was not
particularly large when Judge Baxter took
the bench at 10 o'clock. For an hour and q
half the attorneys devoted themselves to
the examination OF jurors, inquiring partic-
ularly as to the possibility Of their political
faith influencing their verdict-a possibility
which all ~emphatically denied. At noon
when recess was taken, one had been dis
missed for cause and fifteen were still in
the chairs awaiting selection.
Another matter that may have to be giver
serious attention Is the rumored refusal Of
United States Attorney Summers TO allow
the use In this case of the report slipi
which Bank Examiner Cline made out
showing the public funds deposited In Soutl
Omaha, which he had Meserve o X as stat
treasurer, but which are now said TO havI
been forwarded to Washington instead o
being retained BY the bank examiner.