Omaha daily bee., 1905-12-13
CITY HAS one TREASURER
Judge Bears Takes This Position in the
Gathers Suit.
lawyers EXCHANGE TART REMARKS
BPeen and Herdman Try Patiently
to Make Gathers See He Cam
not Understand the
Law.

Whatever else do l am going to hold
that you have a city treasurer"
This remark, interjected by Judge Sears
into a running fire of argument over the
Gathers suit, was about the only definite
thing that came out of all the argument
Tuesday; that liz, over which the lawyers
lid not haggle.
Mr.. Gathers, I'm his argument. had empha-
sized his contention that the County Board
II Equalization had no right. when in
session last June, to equalize city and
school district taxes for 1896 we'll as for
sos
Judge sears-"I think myself that is a
very serious proposition. Mr.. Gathers"
Yes, your honor, II is"
But, even IL that be true" continued the
curt, how does It dovetail in with your
main contention here. Would ydu declare
he whole charter unconstitutional and void
because certain sections might be held SOP
Yes. your honor. I'll say that. l think
t should be, there is so much in 1t that is
contradictory"
Cross One Bridge at a Time.
How under the shining heavens can you
make such a thing as this legal?" was a
reuuent exclamation of the watchdog OF
he treasury. And his gorge rose to the
Itch where words would not come fuently
when City Attorney Breen and Assistant
!Ierdman sat still and smiled and answered.
Wen tell you about that when we get
10 IT,"
Mr.. Gathers made some casual allusion to
the pomposity of which the gentleman has
, large a supply and went gleefully on
with the reading which was giving weari-
ess to the soul Of Judge Sears to such ex-
mt that he was compelled many times
- self-defense to get into the argument.
Mr.. Gathers talked impromptu, read de-
cislons, construed sections of the charter
and analysed chapters OF the statutes.
Occasionally he uncovered the shining sun
again as the proposition of queries which
ia not fcaze Breen or Herdman. They
simply could not agree with him. They
Did him he just couldn't understand the
law They attempted to crush him with
me information that the assessment Of
axes and the levying OF a tax are two
,lifferent things. But Mr.. Gathers stuck to
70 that the city lawyers were obtuse-and
t.len they all broke away again with smiles
IT depreciation and pity for each other.
Frank Ransom. Gathers advising counsel,
was moved to an occasional put In, but
carl Herring. representing the school board
end, sat back in his chair and, like Jim
alleys Mudsill folks, just ''chawed on"
Ransom Goes Into History.
When IL came Mr.. Ransom's turn to talk
he Injected some old but enlivening memo
tlcs OF the days when a republican legisla-
ARE was taking away from Governor Hol-
,umb the right to name a fire and police
board. He also insinuated with all the
;. ntleness possible under the circumstances
t.at the brothers-in-law opposite were de-
.rous of having the charter declared con-
slitutional-had all along cherished the
lotion that It was. perhaps-why7
Because the new charter grants large
increases in salary to the city legal de-
pertinent land ] am not quarrelng with
that from the standpoint of a lawyer and
,aises the pay of councilnen from 5000 to
100 a year. I am of opinion these raises
gro in contravention of the state constitu-
tirn, i'm increasing the salaries OF officers
uring their term of ONCE, but know We
uust bow to the decision of the supreme
e. urt that the legal prohibition applies
lily to constitutional Offices even though
. language is public Offices"
Getting to the gist OF his argument, Mr..
ransom said:
Mr.. Gathers and myself appear here not
against the consolidation OF the offices of
city and county treasurer. because person
ally | have long favored such consolida-
ton Of city and county government. We
nupear for persons who want it done con-
s,itutionally. We appear for taxpayers