Omaha daily bee., 1902-03-28
Attorneys Go Into Detail.

torneys say: 'Kennard's employment was
for the purpose of prosecuting that claim
before the federal department and courts.
The federal government was of the opinion
that the state had no right, or title, or
interest in any Of the lands in the Indian
reservation up 20 the time the reservation
was opened for public occupancy and the
rights Of the Indians we're terminated. In
1878 the federal government opened the
reservation to the public for settlement, the
Indians having abandoned the lands. The
moneys received by the state from the gov-
eminent and which are the subject OF this
controversy. are the percentum arising
from the sale OF those lands to the public
since 1878. There never was any conten-
ton between the state and the government
about this money belonging TO the state.
There was never any need Of an agent TO
prosecute this claim. and 1t Is obvious from
the express terms OF the contract itself that
Kennard was not employed for the purpose
Of collecting these funds from the federal
government, about which there was no dis
pute. His employment was to recover for
the state and its use moneys and lands due
from other sources, and for these lands
while still an Indian reservation. Such is
| the express provision Of the contract, for
ii is stipulated therein that the foregoing
shall in nowise apply TO the 5 percentum
cash school fund accruing to the state,
and such must have been the understand
ing OF Kennard himself, for by his own tes-
timony II appears that he first filed a claim
in behalf Of the state for 5 per cent OF the
value of these lands at a price fixed by
himself.
'In other words, he was undertaking TO
recover 5 per cent OF their value while
they were still being occupied by the In
dams and before they were sold by the
government, but the moment the lands
ceased to be an Indian reservation by act
Of congress and we're abandoned by the In
dams and were opened to public purchase
and were sold by the government. then
they were beyond and without the scope
Of his employment and were within the ex-
ception contained in his contract which ca
pressly forbade him receiving any commits
sion for the collection Of the 5 per centum
cash school fund"
Insists on BETTER Quarantine.
Inspector Wertenbaker Of the United
States army and navy hospital corps sub
mitted a final report In the executive de-
partment this afternoon and tomorrow will
leave for New Orleans. He says smallpox
will decrease steadily until next August.
but he predicts an outbreak of enlarged
proportions unless more attention Is paid
to quarantine and disinfection. His report
was not made public, owing to the absence
Of Governor Savage, but the inspector de-
clared that 1t contained nothing OF i'm
portance further than what has already sp-
peared in the newspapers.
Adjutant General Colby has issued an
order accepting the resignation OF Second
Lieutenant Harley c. Broome OF the troop
Of cavalry Of Seward and calling for a spe-
cial election at the next regular meeting
Of the company to NIL the vacancy thus
caused. The troop will also be inspected at
the same time.
Articles OF incorporation OF the Miller &
Paine company Of this city we're recorded
in the secretary Of states once today.