Omaha daily bee., 1902-11-18
Test Legality of Purchase.

ACbN C8aAA Va
In the supreme court today Attorney Cen
eral Prout filed his petition and argument
in an application for a writ Of mandamus
to compel State Treasurer Steufer to pay
out not to exceed $500, 900 for bonds of the
state of Massachusetts, as an investment OF
the permanent school funds of the state.
The application for the writ sets out that
at a meeting Of the Board OF Education
Lands and Funds on the second Tuesday
in the current month the board decided
to purchase this issue OF bonds, but that
the state treasurer refuses to pay out the
educational funds therefor. Along with
the application was filed the answer Of the
state treasurer. in which that oficial sets
out that he doubts the authority OF the
board to invest the state school fund In
any bonds or securities arising outside of
the state.
In the petition is given the proposition
for the sale of the bonds. 1t is signed by
Kelly & Kelly, but 1t does not appear who
the parties are or where they reside. The
proposition reads:
1--WE herewith offer you $500, 900 state of
Massachusetts, bonds bearing 3h per cent
interest, to net you 3 per cent. II there
should not be SUFFICIENT funds on hand to
Ndht up alt dN OuNNs VIC ~ carry Autm NJ a
bank in Lincoln. where they can be de-
livered and taken up as the funds come in"
The proposition declares that all Of the
bonds offered will run from thirty to forty
years without option and therefore consti-
tute a very desirable investment.
From the papers on file in this test case
it appears that there is now but $500. 900 in
the fund with which to complete the pur-
chase.
The suit is a friendly one to settle the
right OF the treasurer to make the invest
ment.
Candidates for Speaker.
W T. Thompson of Merrick county. was
In the city today looking after his interests
In the speakership contest.
II am a candidate" said Mr.. Thompson
to a Bee reporter. 1T is a little too early
to make any claims as to strength, but I
have received assurances from so many OF
my friends in and out OF the legislature
that I feel very much encouraged"
G. L. Rouse Of Hall county, j. II. Mockett
Of Lancaster and Speaker Sears are now
formally in the running. Sears occupies a
pretty strong position in the race, and his
experience in the speakers chair at the
last session makes him very available 10
q WhNAt Z ~ 81 many z
members. Rouse has served two terms.
and is regarded as strong in the central
west. Moekett had experience as a legisla-
tor two years ago, but Lancaster had the
speakership in 1899, and 1t is not re-
garded as likely that he can hope for Il
again, especially in view Of the fact that
he will have a big budget of sppropria-
tions.
Candidates for minor legislative onhces
have already appeared. C. H.. BARNARD Of
Pawnee City, who was second assistant
to Clerk Wall Of the house two years ago.
is out Tor FIRST place this year. A. R. Keim,
who was first assistant secretary OF the
senate last time. wants to be secretary this
winter. but he has been around the legis-
lature SO long that II is not believed here
be will land the plum.
Senator o'Neill OF Lancaster Is the only
A. { ,ue iast senate. Gu the majority
side, who was reelected this year, and Il
is presumed that he will be accorded the