Omaha daily bee., 1905-12-28
THE CITY TREASURY MIDDLE.

City Treasurer Hennings has given
it out that lie will be compelled to re-
fuse to vacate his office, which has by
law been merged with that of the
county treasurer. because of conflicting
provisions of the charter, unless the
Board of Education shall see fit to re-
lease him and his bondsman from
responsibility for the safe keeping and
proper disbursement of the public school
funds.
Up to the year 1871 the school district
of Omaha elected its own salaried treas
urer, but the act creating the Board OF
Education made the city treasurer ex.
ofiicio the treasurer of the school board
without pay. This provision has been
re-enacted from time to time and is still
in force. While there may be some
technical flaw in the act passed by the
last legislature, providing for the mer-
ger of the city and county treasures
insofar as it relates to the school fund
it is patent to all men that the inten-
ton of the lawmakers was to continue
the present system. That is, TO make
the city treasury the depository of the
school fund, and the city treasurer, who
ever he may be, its custodian.
Under the merger act the county
treasurer becomes eX-officiO the city
treasurer from and after January /,
1906. Incidentally. he becomes also
treasurer for the school board, just as all
city treaSurers of Omaha have been ex-
ofiicio treasurers of the school board. In
the nature of things the city treasurer
would be relieved and his bondsmen re-
leased from all responsibility for the
school fund, just as they will be relieved
whenever they turn them over. to the
county treasurer after that official has
given the required bond for their safe
keeping.
If the contention is good that the
merger act does not relieve the present
city treasurer from responsibility after
he turns over the school funds in his
custody, there is no telling how long
he may be continued in office. Mr..
Hennings' term expires in the middle of
May next, with that of all outgoing
city officials. but inasmuch as no city
treasurer will be elected next spring. he
could insist upon continuing in that
function until his successor is duly
elected and qualified. which would mean
indefinitely. unless the next legislature
shall amend the merger act so as to re-
| lieve him from further responsibility.
| Inasmuch as the next legislature does
not convene until January. 1907. it
would not be possible to pass the neces-
sary legislation before the middle of
that month, and even if the bill passes
with an emergency clause Hennings
would hold over until the last Of Jan
uary, 1907.
The complication between the county
treasurer and the school treasurer
would, moreover, leave the question
open as to what salary the school treas
urer shall draw for his services. Con.
ceding that he is entitled to draw his
regular salary as city treasurer until the
end of his term in May his allowance
for the remaining nine months would
become an understandable question. Al
present the city treasurer draws no PAY
for services as treasurer ex-ofHcio OF
the school board, and the school board
would have no authority to pay him FOL
services after his term expires any
more than it has before it expires. Tn,
city treasurer muddle would. therefore
be UP for solution by the courts or tn,
next legislature.