Omaha daily bee., 1905-12-09

Ryan did not call my attention TO the mo-
ton.
aside from any error that may have
occurred in that connection, however. there
was enough error in the pleadings and the
instructions to have warranted the court
in reversing 1t. One of the allegations of
the petition related to the loss of 1901, 900
drawn from the Omaha National bank by
Barley. The bank was state depository.
The court instructed the jury that the
bondsmen were not liable on the treas
urer's bond, because of the statute which
allows state funds TO be placed in au-
thorized repositories and relieves him of
responsibility should loss occur"
Prout explained that aside from the bill
of exceptions which was quashed, the
transcript showed enough error to require
a reversal and intimated that he did not
believe it was the regular practice to
quash bills for such defects, saying that
It should have been referred back for cor
rection. He said the point had not been
raised on the five previous hearings in the
case
He said that the only thing remaining
for the state TO do is to file a motion for
| a rehearing, and intimated his belief that
when the attention of the court is again
called to the other questions involved 1t
may see At 20 grant the motion.
The statement Of Attorney Ryan as to
! his knowledge OF the case is I'm fiat con-
tradiction of Prout's statement. Ryan.
who was in the city today looking after
the interests OF his clients, said that Prout
knew of the motion to quash and that he
! had called his attention to the point once
when the two met in the library He said
that the attorney general had refused to
take the point seriously Ryan believes
that in view of this notice and the failure
Of the state TO correct the authorization
In the seventeen months which have inter-
| vened there is ample warrant for the
action Of the court in deciding the case on
that technical point Judge Ryan is un-
able TO foreshadow the probable future
course OF the states attorneys in the case
An investigation OF the transcript of
the case on file in the supreme court
, showed the presence of the motion TO
! Quash, bearing the filing marks of the
supreme court clerks office. Indicating
that It was lodged there July s. 1904. The
motion which follows points out the lack
OF authorization.
Deprive Mayor of AppoIntive Power.
Councilman John s. Bishop has taken
steps to secure a ruling OF the courts as to
the right of Mayor Brown to preside over
the city council under the provisions OF a
charter amendment adopted last winter
Mr.. Bishop attacks the amendment on the
ground that the title of the act was de-
fective. An alternative writ OF mandamus
| was secured TO compel Councilman Dunn,
president OF the council, TO preside in order
to secure an adjudication of the questions
| involved. The suit is of considerable i'm
portanee because OF the fact that the
mayor as the presiding onicer OF the city 5
Legislative body has the right to appoint
all standing committees.
Panama Omcial sued.
City Engineer Camper, who is under sail
ing orders 10 proceed 20 Panama to be-
come water commissioner for the zone is
considerably embarrassed by the suit filed
against him yesterday by a University
Place plumber for $500 damages and will
endeavor 10 have a hearing at once He
feels that he cannot aftord TO 90 away and