Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1903-02-26
)tbsr Members from Douglas Said 70 Be
Favurable 70 Measure
OF WILING TO DECLARE THEMSELVES
Legislators ss q Rule Are Not backward
About Speaking.
CHANCES or RESOLUTION ARE Poos
Majority SyRpathise viii Men en
Bond, bat HoId ReleasinE Then
Would Set Bad
Precedeat



anticipated hy The Bee lAst week. the leg
islHture has been asked TO release the Bart
I ley bondsmen from their Obligation 20 the
/ Elate OF Nebraska The request came n
/ ne FORM OF = resolution this morning in
Z tro0uced il the seEsts uy Hall of Duugiaa
u provides that The legislature shall IN
/ EtrucJ the attorney general 70 diEuiss All
legal Astions pending against the honds-
men In consideration of the payment bv
1 them of The costs which have arisen beuauns
( OF the Litigation over this case
! The text Of the resolution is as follows:
Concurrent resolution inEt-uctsnr and
! directing the dismissal Of the pendinE A.
/ uon sEainE- sureties OF the cflcial bond Of
! eL-Slate TreaEurer Barley:
Whereas, There is and has been for
! nearly i've years past. q suit pending In the
courts OF thds state IN behalf uf the state
I as plalnufn and against certain sursties
upon an oftcial bond Of JOSEPH s Rarfley
I formerly state treasurer and.
1 whereas, said suit has been the occasion
! having been tried four times IN the dis-
tract court and three times IN the supreme
court ana has thus far proved and Il 10
probable viii prove. without fruit OF a.
vantage 70 the state. therefore be IL
I RESOLVED. By The senate Of the state Of
Nebraska. the house Of reEIresen "a rfuss
I concurr1ng therein, that the attorney Ean-
eral is hereby directed and inetructed' a
I a nnhl settlement Of all claims Of ths1
state against the suretles on the bond 81
Z seld y . Barley for his term az state
-
dismiss the aforesaid action in considerH-
ton Of ana upon fun payment by saie
sureties Of al costs in said action, Whether
taxed against said sureties OF against TIE
! state OF Nebraska
state Loses All.
] The original bond which twelve citizens
4 o. Nebraska signed for Joseph s Bartley
a. state treasurer vas in the sum Of s., ,5eo.-
/ 000. for which they became -joiutly and
1 sereraily" responsible. Although BartIey
was convicted and sentenced 10 twenty
years in the penitentiary for enbeEzIing
! ever half a million dollars Of The states
money when treasurer, not a cent has ever
been recovered by this commonwea
either from the bondKnen or the principal
This, too. in spite Of the fact that the state
hes been put 10 ths expense n tour District
and three supreme court trials
II is evident that sentiment nnnong ths
/ legislators is divided as to this resolutIon-
A number were interviewed today and While
II appeared that the majority are opposed
1 70 the adoption Of the Han resolution. many
are favorable 10 IT. Hall himself is heart
fly IN favor Of the resolution. His explains
ton is this:
The passage Of the resolution would re-
move a heavy burden from the shoulders Of
/ Al Omaha citizen who has done a great
! deal for the city and state. I don't know
( that ! would have introduced fl had not an
I Omaha man been involved Then again,
/ think there is not the faintest hope Of the
state ever being able 10 recover a cent of
/ this money either from the bondsmen or
BARLEY. and further litigation wUuld simply
entail additional expense. FIR that reason
! think the matter ought TO be disposed Of
in this manner"
And then Mr.. Hall went further he said
! he thought the entire Douglas county del
egation would support his resolution. But
this is not Ht all certain. Some Of the
members Of that delegation we're asked
about their attitude and not one would Be
quoted as tEvoring the proposition
Sentiment in the House.
! Some OF the leading members IL tia
house we're sounded. with the result that
but one Was real certain that the resolu-
! tion ought 10 pass. and he said emphat-
I icaIy:
Yes 7 an In favor Of Il don't believe
II IL right 70 hold three or four old oen
for the responsibility Of q dozen. and then
don't believe there is any hope Of ever
getting anything out Of them anyway The
supreme court has released others and
I think these ought TO be allowed TO 70.
But ] realize that IL win not set q good
precedent"
Others, who are opposed 70 the resolu-
I tion. took the position that while thsee
! three or four men who are still liable 70
| the state are perhaps entitled 70 some
I sympathy. 81 would be establishing the
most dangerous precedent TO Hbsrzte tLen
from this obligation which they owe 70 shs
state.
what IS TO become Of our bund law OF
\ laws o. any kind" asked one. IL you re-
I lease these men? You might as veil throw
, the statutes away and turn the state house
4 into 8 chicken shed No. I say turn down
/ this resolution and hold these men re-
D Eponsihle for the obligation they volun-
tarily assumed when they promised the
state q Nebraska that II Joe Barley de-
I trHudsd the state they would reimburse IL
Again ! think 10 set these men tree from
I this legal debt wOuld 5s, IN q measure.
/ c0untsnHncinE crime and snc0urLging that
psrnieious, ruinouE practice Of psrvsrting
\ Justice by opening the doors Of the psni-
I Tertiary 10 criminals"
WOuId Like an InvestIEatiOn-
In view Of his earnest solicitation for the
release o. the BARLEY bondEmsn. Senator
Han Was asked about the proposition 70
institute an investigation into the circun-
stances surrounding that mysterious cigar
( box which is said 70 contain 80 many i'm
Z portEut / UE which represent portions
Z o. that $500 600 which Barley Was short
He said be would like 20 see the in
( veEtiEatiun instituted not that n would be
sure 70 result IN bringing 10 hight every
I thing that vas hidden or maybe anything.
I hut that h would afford q good deal of
I satisfaction and possibly oneT some solu-
I rion o. the problem that f nov 50 per-
I plextnE and agra vatiaE. He thought this
Z ought 20 b. done by some other than
Z Douglas county members. as. be- explained.
I they were AL too busy attending 20 the
success o. house roll 3sC. Mr.. Hail really
( prufessed 10 BE- in earnest IN this
II there is really any intention q insri-
/ tuting an Investigation into the mysterious
I Affairs o. This state treasury scandal II
/ certainly IL Let apparent. Every member
of The legislature who has been approaches
on ths matter processes 10 kBS- @sthinE