Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-07
COURT SEEKS MORE LIGHl
Asks for Resrgumsnt OF One Point in
Woodmsn Of the World Tax Case.
SHERIFF POWER TO SUE FOR HIS FEES
Prominent Democrats Think They See
Hopes Of Party Success In the
Campaign This Coming
Fall.
fFrom a star Correspondent

y
LINCOLN, Feb. 6-(Special. THE SUI
preme court has asked for a reargument on
one Of the points raised in the case wherein
the State Board OF Equalization is seeking
by mandamus to compel the county clerk
70 include the reserve fund of the Wood
men Of the World and the Woodmen Circle
On the assessment Of the societies. The
point to be argued is whether the state
had right TO appeal from the order OF
the county board or whether 1t should have
asked for a writ of mandamus. II Is merely
q question Of procedure.
The commission which listened to the
arguments in the case lled its opinion with
The court today and then the court asked
for the argument on this one point. While
Il cannot be said with accuracy what the
opinion will be, lawyers believe that the
commission has decided that fraternal Sc
curities must be assessed and taxed. They
say that IL the commission has decided in
favor Of the order the court would not
have 1sked for the hearing on the mode of
procedure. However. telling a decision in
advance In only guesswork on the part of
the lawyers. The arguments probably will
be heard tomorrow.
sherifs to Sue for Fees.
Suit will be filed in the Lancaster county
district court within few days to test the
fight Of the auditor TO reduce the bill OF
sheriffs for boarding state prisoners. The
plaintiffs will be John Power ex-sherif, and
John Mcdonald. present sheriff of Douglas
county. Auditor Searle had adopted the
rule of paying to the sheriffs an amount OF
money for caring for state prisoners equal
10 that paid by the various counties for
county prisoners Acting under that rule
he refused to pay to Mr.. Power the 70 cents
formerly paid and offered to settle the obli-
cation for so cents a day for each prisoner.
Mcdonald is interested in the case because
81 would mean a reduction in his bill
against the state from 70 cents to 30 cents
day. The men are represented by Ed. p.
Smith and II. c. Bronze.
According to Mr.. Smith the state has paid
70 cents a day for boarding prisoners since
1865 and that is the law at this time. he
claims. The attorney general. under whose
advice Auditor Searle is acting claims this
law is not constitutional and that the
auditor should pay the sheriffs the amount
OF money allowed him by each county for
caring for county prisoners. After the case
IS passed upon by the district court It will
be appealed.
Proposes Digest of Bills.
County Attorney Stanley OF Hamilton
county. member Of the republican state
committee, has plan he thinks will ma
terially facilitate the work of the next
legislature should IT be adopted. and he be-
1ieves further that his plan would result in
the members of the legislature more thor
oughly understanding the bills upon which
they are called upon to vote.
II would suggest" he said. that COM
mittee OF five or nine members be appointed
10 draft an abstract of every bill introduced
and have 1t on the desks of the members
the following morning before II is to be dis
cussed have learned when bill is called
up for discussion or passage few of the
itrembefs asiow Anything ABOUT It. I have
seen them turn hurriedly to their files and
look at II, but II II is an amendment to the
statutes and the change is not set out in
plain sight 1t is impossible for the legisla.
tor to understand what the bill is He has
TO ask his neighbor and II he says vote 70,
II he VIII. or vote against II If the othe,
says to do that.
Now. IL the committee should be an
pointed every member of the legislature
would know just what a bill was when he
came to look at 1t. and he would not have
90 spend great deal of time reading 1,
over In fact. where the bill is UNUSUAL,
long the legislator who is not interested
personally by reason of the interests of the
people of his district will not read the bII
through.
"of course the committee should be com
posed of men OF ability and men of IN,
strictest Integrity, and there would be M
question regarding the correctness of tn,
work" q
Mr.. Stanley said he had talked 10 n,