Omaha daily bee., 1906-06-18
EXPRESSSUIT ACABNCOUUT
American Company Sues Bank Of Irwin fol
Recovery Of Money.
MONEY TAKEN FROM PACKAGE SHIPPED
Express Company Pays Money 90
Bank and Later IL IL Dis
covered Money r. Taken
by Bank Clerk.
Crrom a star Correspondent.)


DIES MONIES, June 17.-(Special. IAN APP
peal to the supreme court has been taken
in the case involving the transmission Of
81, 600 from the Des Moines National bank
of this city to the Bank of Irwin. in Shelby
county. through the American Express
company. When the package was delivered
IL was found to contain nothing but strips
Of paper cut to the size of national bank
notes and litigation has continued ever
since. The express company was forced
to pay the money to the bank OF Irwin
by action Of the courts and later an EN-
ploye Of the Des Moines National bank
confessed to having stolen various amounts
from the bank and now the case comes
back on a suit by the express company
to recover the amount and its damages
from the Des Moines National bank. In
the district court of Polk county the ex-
press company secured judgment against
the bank for the amount and the bank
yesterday appealed the case to the supreme
court The litigation has attracted wide
attention because of the peculiarities OF
the case and because OF the human inter-
est attached to the theft, It being claimed
that Carl M. Spencer, the employee who
later confessed to the theft of the money,
| took It because of the need of money to
| give medical treatment to a son who was
/ suffering from some severe ailment that
required expensive treatment. Important
| law points are also involved in the case
| A package was delivered by the Des Moines
National bank to the American Express
company October %. 1902. which the bank
alleged contained $1,000 in currency. It
was for transmission to the Bank of Irwin,
| but wien II reached it's destination con-
| tanned only worthless paper and the seals
| were unbroken. The bank succeeded in
| collecting 1t from the express company,
the supreme court deciding for the bank.
| In the suit that was then started by the
express company it is alleged that Spencer
had confessed before the judgment was
pronounced against the express company
in the first suit and that the bank with
held the information which would have
determined the suit in favor OF the eX-
press company. In the second suit the
express company got judgment for the
$1,000 and additional amount to cover costs
and damages, bringing the total to AS29.12
Spencer's trial is still pending in the fed
eral court Of the, southern district Of Iowa.
May withhold Com missions.
| If notary cannot fill out a bond cor
rectly is he entitled to a commission as a
notary? This is question that is agi-
tating the state house to some extent, and
there is grave danger that notaries who
Mall to properly I'LL out their papers in
asking for renewal of their notarial COM
missions may lose such commissions en-
tirely. By operation Of law all such COM
missions expire July 1. They are renewed at
the option of the governor on the request OF
the notary and his fling a bond properly
filled cut bearing his notarial seal and
signed by two hondsmen who must be free
holders. This bond must be approved by
he to III ~ he x.-ba he
applicant resides After this red tape has
been complied with II remains with the
governors discretion as to whether or not
he will issue the commission. The law or
the point was passed some years ago ano
says that the governor may appoint three
or more in each county in the state and
then provides that before they are APP
pointed they must file the necessary bond
etc. AS the time when the commissions
must be renewed draws near the applca-
lions, with bonds, are pouring in. and
of the 71H that held commissions last
year several thousand have renewed the
applications. OF these about 10 per CEN
fail to make out their bonds properly. The
subject is now being discussed as to
whether person who cannot properly
make out a bond when printed instructions
are on the bond is a ht person TO. act al
notary to the public. II they forget Il
attach their seals to the bond will they
not forget to attach such seals TO impor
tant papers issued for the citizens who ap
ply 70, such? There is a strong posi-
bllity that those who fail to make ou
their bonds correctly will get no commits
sions. The applications OF those who hay,
thus far failed are lying on the desk o.
the secretary of state awaiting the actor
of the governor and secretary of state
There are about 300 OF these or more. Tn,
question is. Shall these be given another
opportunity to fill. out their bonds OF b,
refused commissions?
No Firecrackes Law.
Inquiries are constantly pouring into thu
statehouse for copies OF the frecraoker Law