Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-06
OMAHA CHARTER IS VALID
Supreme Court Decides that Act is in
Accordance with Constitution.
COUNTY TREASURER MAY SERVE CITY
Law Providing for the Extension of
Terms of County Commits
siOners f. Held to
he Invalid.
(From a staf Correspondentl


LINCOLN, April 5.-(special.)-Th SUI
preme court today handed down decision
in the case wherein John T. Gathers sought
to enjoin the city treasurer Of Omaha from
turning over his Office to the county treas
urer as provided in the new city charter,
and the decision holds the charter is valid
and constitutional Commissioner Ames not
only holds the charter good, but takes
occasion to hold with the district court
OF Douglas county that Gathers did not
have sufficient interest to maintain the suit
and therefore only the main points of .he
charter are held good. while the minor
points will be passed upon when a party
really interested brings them TO the atten-
ton of the court.
In his opinion Commissioner Ames said:
The sole object of this action Is TO assail
the constitutionality Of the new charter. 1t
broad enough to cover all the subjects Of
legislation contained In the act, but this
fG p}e Il surely t cam be upheld; The
hensive than that which was upheld in
state against Palmer, 10 Neb, 20a, and
acts providing for the Incorporation and
government of municipalities In this state
for more than twenty-five years. 1t is
analogous to a title to provide a system
code"
Inc plAlntlH COMMENDED Inat the deSigna-
ton Of the county treasurer as city treas
urer is practically an appointment 60 the
latter office by the legislature. This srgu-
ment appears to us to be far fetched. It
is rather a designation of the territorial
| qualifications OF electors who shall be en-
titled to choose a city treasurer of Omaha.
Similar statutes have been in force in this
state from the beginning. as for example
the school law, which provides that city
and village treasurers shall be exociO
whole or in part of the same contentious
| territory as the city or village in which
If this objection is valid It applies with
at least equal force to the provisions of
this and the last preceding charter OF the
| ment by the governor of a board of fire
/ and police commissioners Of that city which
be also a subject not embraced in the title
of the act.
1t is further contended that the act at
upon a county officer in violation of the
P55 e sPsts an S II Wheeler against
So. The objection applies with at least
equal force to the clause just mentioned,
with reference to the appointment Of a
| board Of fire and police commissioners. But
| in reality the principles OF the decisions
cited are not involved in this controversy.
The court holds the contention that the
consolidation OF the two treasures leaves
the school board without treasury be-
| CduSt TIC city NE6ASuTeT 10 eN-OI0ClO
school treasurer is not we'll taken, but
that the office is not vacated, but merely
change has been made in the manner of
| filling It.
In his syllabus Commissioner Ames SAYS:
/. 1t is competent to embrace In one act
every detail of legislation connected with
or having direct reference TO the subject
| expressed in the title.
In an act incorporated a certain class of
cities and prescribing and regulating their
duties, powers ana government II is COM
| county in which the only city OF that class
is situated shall be ex-officio treasurer Of
| the city. 90 10 >7A -.r..--,
The supreme court has decided that a
witness who fails to attend before a notary
public in obedience to a subpoena may be
punished as for a contempt, but the punish
ment cannot exceed a fine of $50 and the
notary is not authorized by a statute to
commit the witness to a county jail.
Last of Biennial Election Law.
The last of the biennial election laws,
passed by the legislature OF 1906 an act de-
filming the terms OF office OF county COM
missioners has been declared invalid by
the supreme court. The judgment OF the
district court of Douglas county is affirmed
in the case OF William G. IRE and Emmett
G. Solomon against the county clerk and
county treasurer of Douglas county
In reversing the judgment of the district
court of Douglas county with directions
to dismiss plaintiffs petition in the case of
the United States Fidelity and Guaranty
company against Henry Reck the court
holds that a surety on a waste bond given
to supersede an order of confirmation of
sale in a foreclosure proceedings is not
liable TO the mortgage nor to the pur-
chaser at these sales for the taxes as
sessed against the property pending the
final confirmation OF the sale in the su-
preme court.
Injunction Improper Method.
The supreme court has refused now to try
title to an ONCE by injunction proceedings.
The case came up from Phelps county,
where they are having all manner OF
| trouble over the office OF treasurer and
moderator Of school district No. r. Frank
Hornbeck and Joe Doe were elected school