Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-21
END OF hartley BOND CASE
Finally Settled State Cannot Recover frOp
the Bondsmen.
PREVIOUS DECISION or COURT STANDS
Report Of state BankinE Board shows
Increase in Deposits of Half
million Dollars DurinG the
Last Quarter.
1rrom a stan correrpondsnt.N

tFrOm a stan correspondent
LINCOLN. June sO.-Cspecial Telegram.)-
Upon rehearing the former opinion of the
supreme court duashing the bill Of excep-
tons in the case Of the state against Will
liam A. Paxton and other oficial bonds
men Of ex-State Treasurer Joseph BARLEY.
a suit to recover shortage Of over $4,000.
is adhered TO, Judge J. b. Letton writing
the opinion.
The bill Of exceptions in the district court
from Douglas county. filed by the state
during Attorney General Prouts term Of
ONCE, on the NTH trial of the case. was
quashed the supreme court holding II was
not properly authenticated. A motion for
rehearins was filed by Attorney General
Brown. who asserted the court erred in It's
decision. The rehearing was allowed
mainly upon the states contention that
by submitting the case on briefs the mo-
tion to quash the bill Of exceptions had
been waived by the bondsmen and the
court should therefore have to consider
the case upon the evidence furnished by the
purported bill of exceptions.
A motion swas filed to vacate the order
granting rehearing and to adhere TO the
former opinion on the grounds that the
motion to quash was submitted to the
court by agreement of parties at the same
merits, and that the former opinion as to
the bill of exceptions is correct No entry
was made on the record showing that the
motion to quash and the main case had
been submitted together. The court says
It is now admitted by the state that by
agreement of both parties the motion to
quash was submitted at the same time
as the main case and therefore was prop
erly considered by the court.
Failure to Certify il Fatal.
In view OF the Importance of the case the
court says it has again examined the pur-
ported bill of exceptions. The court says
the whole difficulty rests in the failure to
properly identify certain collection of
papers marked Volume . Bill of Excep-
lions" The certificate OF the clerk Of the
district court to the volumes of tran
scripts of the pleadings that 1.-THE bill of
exceptions hereto attached is the original
bill of exceptions, etc This certificate
makes no mention of more than one volume
Of the bill of exceptions and implies the
existence Of only one volume. II is true
that contained in volume there Is a
stipulation of counsel and a certificate of
the trial Judge and by the stenographer that
the bin Of exceptions consists of two vol
umes The court further says: THE difi-
Guilty In the present case, however. is that
the papers marked volume IL have no cerl
thcate whatever, either of the stenog-
rapher. the trIaT Judge or the clerk OF the
district court. showing that they formed
a part OF the bill of exceptions in this
case" VI
The court analyses the argument of the
attorney general, points out the discrep-
ancy between the title Of the case certi-
fed 10 by the clerk of the district court
and the transcript and the title OF the
cause verified in volume of the bill of
exceptions, also of the title endorsed upon
the cover Of the purported volume II. re-
fers to a complete exposition OF the doc
tribes, and the rules Of this, court with
reference to- the Authorization of bills of
exceptions and points out that even though
a bill of exceptions has been allowed and
settled by the judge and has his signature
attached thereto showing such allowance,
this would not be IN compliance with the
statutes, and, the bill could not be con-
sldered unless further authenticated by the
proper certificates made by the clerk Of
the district court. Therefore volume II,
being utterly unauthenticated. cannot be
considered and since It is apparent that
volume I does not contain all the testi-
mous. Il cannot aid the court in determin-
Ing tho question presented and the former
opln''1 OF Commissioner Dune is ad-
hcred to.
Bank Deposits Increase.
The quarterly report OF the condition OF
Nebra ska's 5S7 banks has just been COM
piled by Secretary Royce Of the state bank
Ing board and It shows an Increase in de-
pDsits over the report Of the last quarter