Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-10
hartley CASE IS UP AGAIN
Attorney General Norris Brown Asks
Supreme Court to Reconsider.
TWO ROADS OMIT TO SEND OUT PASSES
Emp1oye Of Lincoln Livery stable
Burns Up an old shirt and with
a. One Hundred Forty
Dollars In Bills.
(From a stan CorresnondentN


LINCOLN. Jan. s.-(special D-Attorney
General Brown today filed in the supreme
court a motion for a rehearing in the Bart
ley bond case, which was recently de-
cided against the state on tcchncality.
the court holding that the record had no.
been authenticated according to the stat
utes. 1nasmuch as the case has been In
the court for nine years and the same
evidence has been used each time. the at
torney general holds that the court knew
judicially of all the evidence before IT,
In his brief he publishes the certificate OF
the clerk OF Douglas county district court
and the certificate of Judge Baxter. who
heard the case. we'll as the acknowledge
ment Of the attorney for w. A. Paxton
and other defendants.
In conclusion the attorney general said:
II seems that the evidence is sufficient
TO convince any reasonable person, how
eyer cautious that the two volumes OF
the bill OF exceptions In this case contain
the evidence upon which the case was
tried In the court below. But in addition
10 all these certificates which so clearly
ana specifically Identify and authenticate
the bill OF exceptions. the courts atten-
ton u called to the fact that counsel for
The Defendants submitted this case upon
It's merits The brief of counsel for de
fcndants in error was filed upon the evil
ddence as contained in this bill of excep-
card. In that brief reference is made
60 the two volumes OF the bill by page
and the testimony found therein In both
volumes. On the first page of the tran
script is attached a letter from counsel
for the defendants in error to the attorney
case on it's merits This letter was be-
fore the court and was filed with the clerk
OF the supreme court the day 1t was re-
ceived, with n notation thereon accepting
the proposition that the case be submitted
on the briefs filed. This amounts to an
abandonment OF the motion to quash the
bill OF exceptions and to dismiss the case
The court Is familiar with its rule which
does not allow hillSof exceptions to be
written argument as a true and correct bill
OF exceptions
Two Roads Send No Passes.
So far this year the Burlington and the
Union Pacific railroads have not tried to
force onto the state officers the usual an
nual courtesies, which practice was de-
nounced by the republican state conven-
ton last year. The Missouri Pacific and
the Great Northern. however, came across
on time with the little pasteboards and
they were returned The Great Northern
remembered Governor Mickey. Treasurer
Mortensen and Auditor Searle. while the
Missouri Pacific sent passes to Governor
Mickey and Attorney General Brown. su-
perintendent McBrien received none at all
Land Commissioner Eaton and Secretary
OF State Galusha are both out at Grand
Island looking after the Soldiers home,
and II is not known here whether they
have received any courtesies this year. All
the passes so far received by a state Off
Ger have been returned. The heads OF de-
partments and deputies have come in all
right and in some instances the passes are
enclosed in handsome black leather cases
II is said this is the first year the Great
Northern has sent passes 10 the officers.
w. II. Clark Breaks Leg.
w. H. Clark. a Lincoln statesman. fell
on the Ice near his home last night and
broke his right leg below the knee. He
was taken to his home and expects to be
out and doing by the time politics is good
and ripe.
Burns Cash with shirt.
J. G. Hobart. employee OF a livery
stable. who instead of patronizing a laun-
dry every week cremates his shirts when
the time comes for a change, dropped his
discarded shirt and $40 in bills in the stove
ut the livery stable this morning. The en-
tire OUTFIT was burned before Hobart came
out of II. When IT came time for his an
nual change Hobart sat down before the
fre. after tossing in the shirt to watch It
flicker out. Just as the last vestige dis
appeared he happened 10 think OF the long
green which he had pinned away In the
pocket the dav q uuif hnakip0 ooro W.